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By Anne Nardacci (April 20, 2021 at 5:01 p.m. EDT) – The rising popularity of antitrust opt-out lawsuits has led to new trends in the use of procedural tools to administer these lawsuits – largely driven by defendants.

Businesses should be aware of these trends and weigh options when considering whether and how to file an antitrust opt-out lawsuit.

Over the past 10 to 15 years, the US Department of Justice has been active in prosecuting price-fixing that has pushed up the price of billions of dollars worth of consumer products.

Following the announcement of these DOJ investigations, direct and indirect purchasers of the goods in question typically file private class action lawsuits.

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