Developments In US Antitrust Litigation—2022 Year In Review

Introduction

In 2022, antitrust case filings were down almost 25 percent from the previous year. According to Westlaw Analytics, 242 cases were filed in federal district courts in 2022 compared with over 300 in 2021 and over 400 in 2020. Notably, plaintiffs continue to prefer California federal courts, with over 30 antitrust cases filed in the Northern District of California alone. While 2022 saw a number of noteworthy private antitrust litigations filed and other high-profile actions continued in discovery, there were also important decisions in government merger litigation challenges in several courts and on class certification from the US Court of Appeals for the Ninth Circuit. In the coming year, antitrust litigation is expected to become more active, following on the heels of aggressive enforcement from the antitrust agencies, and key decisions are expected from federal courts at all levels.