Summary Judgment Motions in Antitrust Cases

Summary

This practice note discusses an important pre-trial motion in any civil case, and particularly in a complex antitrust case: the motion for summary judgment or partial summary judgment under Fed. R. Civ. P. 56. The standard for summary judgment is well-known: The court is required to grant summary judgment if the moving party shows there is no genuine dispute as to any material fact and that the movant is entitled to judgment as a matter of law. Although the standard is relatively easy to articulate, to use it effectively (or to defend against it), you must plan carefully from the inception of an antitrust case.