Private Enforcement of U.S. Antitrust Law — A Comment on the U.S. Courts Data

By Daniel A. Crane

This essay surveys longitudinal data on private antitrust enforcement collected by the Administrative Offices of the U.S. Courts. These data suggest that the incidence of private antitrust enforcement in the United States has been relatively stable since the mid-1980s, with aggregate annual new filings typically in the range of 600-900. Resolution by trial remains a rare last resort, averaging often less than 1 percent a year. Approximately a quarter of cases settle and the o