LITIGATION TRENDS 2025 | 19 T O C E M P E S G A N T I I P C A P R O W C S P O R T C O N T A C T I N T A P P P A T C C L S E C change in administration sometimes brings a change in priorities, it seems unlikely that Trump’s DOJ will withdraw its support for all of these litigations. In 2024, the FTC’s monopolization caseload focused on ongoing litigations. Its trial against Meta challenging the Instagram and WhatsApp acquisitions begins in April 2025, and its case against Amazon for alleged anti-discounting practices that ensure Amazon offers the lowest price among retailers and alleged tying of Amazon’s fulfillment service for “Prime” eligibility is scheduled for trial in 2026. New leadership at the FTC seems poised to continue these cases. Among FTC Chairman Andrew Ferguson’s priorities is “[f]ocus[ing] antitrust enforcement against Big Tech monopolies, especially those companies engaged in unlawful censorship.” While the federal antitrust enforcers seem to have full dockets and limited resources, DOJ and FTC leadership may see a mandate to continue to pursue monopolization matters against dominant firms. In nominating Gail Slater to be Assistant Attorney General for Antitrust, President Trump noted that she would fight against Big Tech’s “stifling competition [and] using its market power to crack down on the rights of so many Americans.” Moreover, states attorneys general are poised to take on the mantle of antitrust enforcement should federal enforcers’ priorities shift. Democratic Attorneys General from Colorado, California, Michigan, and other states have vowed to independently enforce the antitrust laws. Meanwhile, Republican Attorneys General are expected to use antitrust to pursue at least a narrower agenda related to anti-ESG and anti-DEI priorities, as with the suit by eleven Republican state AGs against BlackRock, State Street, and Vanguard for allegedly conspiring to restrict coal production as influenced by their public commitments to reduce carbon emissions. Given the recent activity and focus on antitrust by various U.S. enforcers, we expect antitrust to be a key area of U.S. litigation in the years to come. The Rise of Standalone UK Class Actions Legislative and case law developments and consequent industry changes over the past decade have led to a surge in opt-out collective proceedings before the UK’s Competition Appeal Tribunal (CAT). Increasingly, complainants are bringing high-value standalone abuse of dominance claims, often based on novel theories of harm, leading to heightened antitrust risks for those doing business in the UK. Previously in England, private followon damages actions were the typical route for those affected by competition law breaches to seek direct redress following a finding of infringement by the UK or EU antitrust agencies. This started to change with the Consumer Rights Act 2015, which introduced a groundbreaking collective action regime, including U.S.-style opt-out actions, and has contributed to an increase in standalone claims. The first applications to the CAT for collective proceedings orders soon followed, including the 2016 Merricks v. Mastercard claim. After an initial refusal and appeal to the Court of Appeal, in 2020, the Supreme Court lowered the hurdle for certification and, in doing so, was seen to pave the way for future claims. Indeed, 85% of active CAT proceedings were issued from 2021 onwards, and all but one are opt-out claims or claims that include opt-out elements. The majority of these claims relate to alleged abuses of a dominant position, often based on novel or unusual theories of harm rarely pursued by competition regulators, such as excessive pricing or unfair trading terms. Companies across a range of sectors have been targeted, with a particular emphasis on large tech platforms such as Alphabet/Google, Amazon, Apple and Meta. First Claim Dismissed But Uncertainty Abounds On December 19, 2024, the CAT delivered its judgment in Le Patourel v. BT Group. This £1.3bn claim, relating to Antitrust I 18 | Weil, Gotshal & Manges LLP
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