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New study defends private antitrust lawsuits

Detractors of these suits “have never presented systemic evidence” of the cases’ flaws, say the paper’s authors

It’s hard out there for an antitrust plaintiffs lawyer, as a fear of meritless private antitrust suits has caused some courts to raise the procedural barriers for presenting those cases to juries. But these lawsuits may be actually more effective—and less frivolous—than many believe, according to a new academic paper released this month.

An examination of 60 large private antitrust class actions showed that 88 percent had at least one indicator that the plaintiffs’ case had merit, according to University of Baltimore School of Law Professor Robert Lande and University of San Francisco School of Law Professor Joshua Davis, authors of “Defying Conventional Wisdom: The Case for Private Antitrust Enforcement.”

Alanna Byrne

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