Cherie Conrad Beffa’s Post

Does litigation funding decrease litigation? Some people argue litigation funding leads to more litigation. This is probably wrong, for many reasons. For example, funders back only a tiny percent of cases they see. As Suneal Bedi and I have argued, when funders reject the vast majority of cases they see, they deter litigants from filing those weaker cases, potentially leading to a net decease in litigation. Here's some support: civil antitrust filings plummeted 42% from 2020 to 2023, per Yahoo, even as use of litigation funding soared during those years. Antitrust cases are one of the most common types of cases backed by funders. This massive drop in antitrust filings supports the argument that commercial litigation finance simply does not impact court dockets like its critics claim. #litigationfinance #litigationfunding #litigation https://lnkd.in/e9f45C7p

Jeffery Cross' latest Today's General Counsel column highlights the revolution that has occurred in the almost fifty years that Jeff has been practicing antitrust law and how understanding the transformation in order to fully understand Section 1 of the Sherman Act today. #SGRLaw #TodaysGeneralCounsel #TheAntitrustRevolution   Read more at: https://lnkd.in/eyHmSChT

Unlock the numbers behind antitrust litigation! Lex Machina's Antitrust Litigation Report reveals $3.2 billion in total damages awarded through Approved Class Action Settlements from 2021 to 2023. Download your own copy today! https://bit.ly/4ao8J71 #LexMachina #Antitrust #LitigationTrends #AntitrustCases

Ten Ways to Tell Whether You Have an Antitrust Claim: https://lnkd.in/gVjbwCDM #BonaLaw #antitrustlaw #businesslaw #corporatelaw #competitionlaw #lawtips #legalcontent #lawarticle

A&M is proud to sponsor the Unfair Competition Law Institute hosted by the California Lawyers Association. Connect with Sue Stuckwisch and Deepak Jain at the event and discuss the latest trends and developments in antitrust and competition cases. Register for the event here: https://okt.to/VANRY6 #AMon #Antitrust #Competition #Disputes

Recalibrating Private Antitrust Enforcement - PDF: https://lnkd.in/g9DJ27AZ US antitrust policy is undergoing what may become a once-in-a-generation shift. The rise of the Neo-Brandesian movement—which sees antitrust as a key instrument to promote economic and political liberty—reinvigorated broader calls to “revive” American competition policy. Yet, from an enforcement perspective, these calls largely focus on strengthening public regulators. They leave private litigation, once a major avenue for detecting and pursuing claims, in its current neutered state. This is a historical anomaly: US competition policy was designed to operate in a world in which public and private litigation work alongside one another to achieve meaningful compliance. This article focuses on the institutional design of American competition policy and suggests that attempts to revive US antitrust are unlikely to be successful over the long run unless calls for enhanced public enforcement are coupled with reforms designed to reinvigorate private litigation. This revival, however, should not mean a return to the same system that existed decades ago. Rather, what is needed is a better-calibrated policy that focuses on the development of gatekeeping doctrines. These doctrines should be designed to help ensure that only those claims that articulate a clear theory of harm that connects illegal anti-competitive conduct with both private and market-wide harms go to trial. To unpack the nuanced interconnection between public and private antitrust enforcement, the paper begins by tracing the rise and fall of private antitrust. It highlights the ways that an ideologically mixed coalition of anti-enforcement justices seized on private cases to, in effect, reform US competition policy writ large. Over time, this has led to more unchecked abuses of market power in the US economy. A growing recognition of these abuses motivates current calls for an antitrust revival. Relying on insights from political economy, this article then explores the root causes of these changes and their implications for attempts to revive antitrust. Reformers face a challenge: Too little private litigation exposes competition policy to the risks of long-term political gaming, while too much private litigation risks triggering the type of judicial antagonism that helped undermine the system over the past decades. Resolving this tension requires a renewed focus on the development of second-best solutions that recalibrate the role of private actors in the antitrust enforcement mix. There is no single optimal reform proposal that can reinvigorate antitrust enforcement over the long haul—different combinations of reform measures can accomplish this objective. However, what all feasible proposals will share is the goal of increasing enforcement resiliency through the targeted use of private litigation.

On the Vault Law blog this week, we’re highlighting the top five firms from Vault’s 2024 Antitrust practice area prestige ranking: https://lnkd.in/gY_NXx9Z

Here is our article about the balancing power and innovation - the depths of antitrust laws Read more ⬇️⬇️ https://lnkd.in/dZAhkgsA hashtag #law hashtag #legal hashtag #legaleducation #legaladvice #legaladvice #legalcommunity #lawyer #lawfirm #lawstudents #solicitors

A group of seasoned antitrust attorneys have teamed up to launch Shinder Cantor Lerner LLP (SCL), a boutique law firm focusing on antitrust litigation and advisory services, representing clients in a variety of industries, including healthcare, financial services, media, and technology... Jeffrey Shinder Matthew Cantor Kellie Lerner #antitrust #antitrustlaw #competitionlaw #lawyerlife #lawfirms #litigation #counsel #legaladvice  

Discover the latest insights on antitrust litigation trends with Lex Machina's annual Antitrust Litigation Report! Explore key findings from federal courts spanning 2021-2023, including case filings, venues, and more. Don't miss out—get your copy today! https://bit.ly/4ao8J71 #LexMachina #Antitrust #LitigationTrends #AntitrustCases