Antitrust class action statistics

Some interesting stats buried in a law and economics article on a normative critique of private antitrust class actions: 

  • The overwhelming bulk of federal antitrust suits (92%) are brought by private parties. 

  • Only 9% of private antirust suits are follow-on cases to government enforcement actions, i.e., the overwhelming majority of private antitrust action are for harms that the government mostly isn’t* addressing. 
    Average attorney contingency fee percentage is 25% (compared to the typical contingent fee percentage of 33% to 40% in individual litigation). 

  • Fees were about 38% for recoveries below $1.1 million and 12% of recoveries over $175 million.

Choi, Albert H. and Sprier, Kathryn E., "Class Actions and Private Antitrust Litigation" (2020). Law & Economics Working Papers. 180. https://repository.law.umich.edu/law_econ_current/180

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