Private Antitrust Litigation on the Rise

Strategies for Addressing Parallel Proceedings, Defending Claims, and Minimizing Damages

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Wednesday, February 10, 2010

Recorded event now available

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Course Materials

This CLE course will review the current state of private antitrust litigation, the courts' treatment of Twombly pleading requirements, and emerging litigation trends. The panel will outline effective strategies for defenses and remedies — and how to minimize the risks of private antitrust litigation.


The use of private antitrust litigation seeking to compensate victims of antitrust injury has increased sharply in the last several years. Although such litigation often follows government investigations and litigation, many such suits arise independently of government action.

Private antitrust litigation is a significant threat to businesses due to the potential for treble damages. Private antitrust suits can arise from either horizontal conduct, such as price-fixing, or vertical conduct.

Moreover, participation in the Department of Justice’s amnesty program will not shield companies from private litigation. It is important that businesses and their counsel thoroughly understand and utilize strategies to minimize the impact of private antitrust litigation.

Listen as our authoritative panel of antitrust attorneys examines private antitrust litigation, where the cases are focused, pleadings requirements, and litigation trends. The panel will also offer their insights into defenses, remedies and strategies to minimize the risk of private antitrust litigation.



  1. Litigation strategies
    1. Based on vertical conduct
    2. Based on horizontal conduct
    3. Pleading requirements post Twombly
    4. Class actions
    5. Unique issues when parallel proceedings
  2. Defenses
    1. Pass on
    2. In pari delicto
    3. Unclean hands
    4. Best practices
  3. Remedies
    1. Actual damages
    2. Injunctive relief
    3. Contribution
    4. Mitigation of damages
  4. Strategies to minimize antitrust risk


The panel will review these and other key questions:

  • What types of antitrust matters are subject to private litigation?
  • What are the recent developments in private antitrust litigation?
  • What key issues arise when private litigation is a follow-on to a government investigation and results in parallel proceedings?
  • What strategies can companies and counsel employ to minimize the risk of private antitrust litigation?


William L. Monts
William L. Monts

Hogan & Hartson

He focuses on antitrust and complex litigation matters in various aspects of the petroleum industry. He represents...  |  Read More

Jeffrey Blumenfeld
Jeffrey Blumenfeld

Crowell & Moring

He specializes in antitrust and other complex litigation, and competition issues facing technology companies, including...  |  Read More

C. Fairley Spillman
C. Fairley Spillman

Akin Gump Strauss Hauer & Feld

She focuses on complex antitrust and energy matters, representing companies in private antitrust litigation and before...  |  Read More

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