Reaching a Settlement

As in any case, a settlement depends upon an assessment of the risks of trying a case, the cost of settling, and what you give up, and that is a very individual process in each case. I have found that because antitrust cases are big cases and because the remedies are usually very significant, the case rarely settles at the first attempt. If a case settles, it is usually well down the road after the court has decided not to grant summary judgment and it is clear to the defendant that it faces a serious risk. There are usually several minuets prior to that time where the parties talk and fail to agree because the defendant still hopes to settle the case cheaply. On the defense side, a fair number of antitrust cases are dismissed fairly quickly because many cases are simply not very good.