When a corporation or group of corporations become so powerful that they can control a market, consumers typically suffer the consequences, including higher prices, fewer choices, and lower quality. Other businesses trying to compete find themselves pushed to the sidelines or closed out of the market by the dominant companies’ anticompetitive actions. Consumers, with no viable competitive alternatives, have no choice but to pay the higher prices.
If you have paid artificially inflated prices for a product or service, you may be able to seek relief for yourself and others under the antitrust laws. Over the last decade and a half, the Joseph Saveri Law Firm has recovered billions of dollars for the victims of anticompetitive pricing, taking on some of the largest companies in the world in the process.
If you think you may have suffered an antitrust injury but are not sure whether you could bring a lawsuit, or how to get help, we’ve provided answers to some of the most common questions below.
What is antitrust litigation?
The United States economy is built on free, fair, and open competition. The company that offers the lowest price or the highest quality products will have the most success, leading to the efficient distribution of goods and services to consumers. Competition also imposes discipline on markets: A company that charges too high a price will lose sales to its lower-priced competitors. The temptation to increase profits through anticompetitive actions is always present. Antitrust laws are laws created to prohibit anticompetitive behavior.
Federal antitrust law prohibits two types of anticompetitive behavior. First, Section 1 of the Sherman act, enacted in 1890, prohibits agreements not to compete between horizontal competitors (that is, companies that sell the same or similar products that consumers would find more or less interchangeable). Unlawful agreements can take the form of agreements to charge the same inflated price, to limit output (which has the effect of raising the price), to divide up territories, (market allocation agreements), or to rig bids. Illegal horizontal conspiracies can exist even where no express agreement exists, as where companies signal to one another their intent to raise prices.
New technology can provide new opportunities to collude. For example, when horizontal competitors provide their confidential pricing information to a third party that processes the non-public information and tells the competitors how much to charge, this is a horizontal agreement to fix prices, even if the horizontal competitors never engage in direct agreements with one another. Agreements not to compete can also affect workers’ compensation, as when companies agree not to “poach” one another’s employees, resulting in reduced compensation for the employees.
Secondly, Section 2 of the Sherman Act prohibits monopolization by a single firm that has the power to control prices or exclude competition in the relevant market. When a firm willfully acquires or maintains market power by foreclosing competition in a relevant market and then uses that power to raise prices above competitive levels, it violates the antitrust laws. Anticompetitive actions can include denying competitors access to a necessary input, using predatory pricing to limit another firm’s profitability, refusing to deal with a competitor, tying sales of one product to another popular or necessary product, or a combination of these actions.
To bring a claim under the antitrust laws, you must be able to show that you suffered an antitrust injury, such as paying too much for a product when firms agreed not to compete on price. If a judge or a jury finds that you have successfully established that the defendant(s) engaged in unlawful anticompetitive conduct, and that you were harmed by that conduct, federal antitrust law provides for an award of three times the amount of your damages. The statute of limitations is four years, meaning you must bring your claim within four years of when you were injured.
Explore our antitrust practice area to see how the Joseph Saveri Law Firm is fighting for justice against powerful corporations.
Who can file an antitrust lawsuit?
Anyone who paid too much for a product after competitors unlawfully agreed not to compete (Section 1), or a monopolist engaged in exclusionary conduct and raised prices (Section 2), can bring an antitrust claim.
In many cases, people don’t realize they’ve been affected until lawsuits expose widespread misconduct. That’s why it’s important to speak with experienced attorneys. Our team will evaluate your situation and advise you of your rights.
What are common antitrust violations?
Examples of Section 1 collusion violations include:
Examples of Section 2 monopolization violations include:
If you have paid artificially inflated prices as a result of any of these anticompetitive actions, you may have a claim.
What is a class action?
In a class action, a single plaintiff can bring claims on behalf of an entire group of people who suffered the same injury as a result of the same anticompetitive actions by the same defendant(s). This makes the claims of the group much more powerful than individual claims would be if they were brought separately, because the stakes are much higher for the defendants. If the class is certified by the court, individual class members can opt out if they do not wish to be bound by any settlement or judgment in the case. In the event of a settlement or judgment in favor of the plaintiffs, any resulting funds are distributed to the class members who do not opt out.
Our firm regularly serves as lead counsel in national antitrust class actions. Visit our class actions page to see major cases we’ve led.
How long does an antitrust lawsuit take?
Antitrust cases are complex and may take several years. The general timeline includes:
We work closely with clients throughout the process, providing clarity, updates, and a strong legal strategy, whether geared toward settlement or pursuit of a favorable verdict at trial.
What kind of damages can I recover?
Under federal law, plaintiffs may receive:
For businesses and consumers alike, the financial recovery can be substantial.
How do I know if I have a valid antitrust claim?
You may have a claim if you:
Our attorneys can help you determine whether antitrust laws were violated. Contact us for a case review.
Where can I learn more about antitrust law?
If you're looking to understand the broader landscape:
But, if you think you’ve been harmed, the best next step is to talk to a qualified attorney.
Speak with a National Leader in Antitrust Law
Unfair competition hurts more than just your bottom line—it damages innovation, choice, and trust in the marketplace. If you suspect your business or consumer rights have been violated by a monopolist or collusive conduct, don’t wait.
At the Joseph Saveri Law Firm, we bring deep experience, a proven record of success, and battle-tested litigation strategy to every case we take on. Our attorneys have recovered over $5 billion on behalf of our clients. We’re ready to help you evaluate your situation and, if appropriate, build a case that holds bad actors accountable. Contact us for a case review.