Antitrust Claims: Identification and Analysis

Insights: Publications Antitrust Claims: Identification and Analysis

Lexis Practical Guidance Module

October 3, 2024

Written by Michele Floyd

This practice note describes the types of claims that parties can bring under federal antitrust laws and explains the elements a plaintiff must plead in a complaint or counterclaim. You must consider these elements regardless of which side you represent. A plaintiff's lawyer must consider them so that the complaint alleges all the facts necessary to state a claim. They are equally important if you are representing a defendant, because the absence of an essential element may support a motion to dismiss; a motion for judgment on the pleadings; or, if after discovery the evidence fails to support each required element, a motion for summary judgment or partial summary judgment. And if the case proceeds to trial, the plaintiff's failure to prove an essential element of the case can result in a verdict for the defendant.