Antitrust & Opt-Out Litigation

Actions involving unfair competition, price fixing, trade infractions or monopolization can implicate the full array of federal, state and international antitrust and competition laws. Oftentimes, class actions are an effective tool for companies seeking to recover for antitrust violations. However, there may be times when a company is better-served to exclude itself or “opt-out” of a class action case and bring its own case. 

The decision on whether to remain part of a class or launch a separate plaintiff action is a complex one. Potential advantages of opting out include the opportunity to exercise control over the litigation, avoiding the delays and costs of class certification, and obtaining a larger recovery, among others. 

Taking a proactive, holistic approach to high-stakes, challenging antitrust cases, Bilzin Sumberg’s Antitrust Group works closely with clients to determine if opt-out action is the most suitable path for addressing claims. When such litigation commences, the firm’s representation continues through trial and all levels of appeal. The Antitrust Group has an impressive track record in plaintiff opt-out cases and has been involved in most of the major opt-out antitrust litigation over the last decade. It consistently obtains extraordinary results for clients that are multiples of the recoveries realized by class and other opt-out plaintiffs, including the largest opt-out recovery settlement in history. 

In recognition of its accomplishments, Bilzin Sumberg’s Antitrust Group is ranked in Band 1 of the Chambers USA Antitrust-Florida category. In addition, the Group has been awarded a number of prestigious recognitions over the past decade, including by leading industry publications such as Daily Business Review, National Law Journal, and Benchmark Litigation. Bilzin Sumberg’s antitrust practitioners are recognized thought leaders publishing seminal industry guidance, including the Opt-Out Litigation Chapter of the American Bar Association's Class Action Handbook. 

In addition to plaintiff opt-out actions, the firm also represents clients who are the subjects of Department of Justice, Federal Trade Commission and state regulatory investigations involving antitrust and competition law.