Recently, we’ve seen a trend of increased antitrust litigation in efforts by institutional investors to recover damages from losses on non-securities instruments. In the U.S., there are currently more than 40 active cases in various stages of litigation. In eight settled ones, the administration process has been established and claim forms are available. The increased pace of domestic filings and settlements will likely continue in 2017.
Additionally, institutions are beginning to consider antitrust matters outside of the U.S., where there is no shortage of opportunities. Like overseas securities actions, it seems most antitrust matters will be pursued either through Dutch Foundations or as “opt-in” litigation in particular countries.
Download FRT’s report 2016 Year in Review – Antitrust Class Action Litigation & Settlements to learn more about several antitrust trends that emerged in 2016 and will likely continue throughout this year, including:
- longer administration cycle due to case complexity
- rise of Dutch Foundations and increased direct litigation overseas
- cases filed by state Attorneys General competing with the plaintiff bar