Affirmative Antitrust Recovery
Businesses victimized by antitrust violations and unfair competition violations need experienced counsel to prevent further harm and obtain reasonable compensation. Bringing affirmative claims for relief directly in federal court—individually or as part of a small group of aligned companies—can be a powerful tool, allowing businesses to take control over their own claims, avoid delays associated with class actions, and, in many instances, obtain a larger recovery than could be obtained through a class action settlement. A recent study found that when companies choose to remain in a class rather than filing their own affirmative-recovery case, the majority recovered less than 25% of their damages. Bringing a direct claim requires experienced antitrust counsel who can guide matters from initial investigation to recovery.
Vinson & Elkins has prosecuted some of the largest affirmative recovery cases for businesses that have been harmed by serious antitrust violations. We’re trial lawyers who know how to prepare affirmative-recovery cases for juries, working up cases efficiently by focusing on the facts that tell our clients’ stories. Our experience on the defense side of the “v.” also informs how we try affirmative-recovery cases. We know the playbook that the opposition will use to attack our clients, so we anticipate their strategies and leverage our trial experience to obtain settlements that make a meaningful difference to our clients’ bottom lines. We offer multiple strategies for sharing litigation risk and upside with our affirmative-recovery clients so they can find a solution that works for them, whether it’s bringing a viable claim they would not otherwise have been able to file or maximizing their anticipated recovery. Our experienced team can discuss the issues your company faces and walk you through your options to obtain a remedy.