August 01, 2017

Large food and drug store chains and major airlines appear in court more often for antitrust cases as a proportion of their total litigation than any other industry, according to a Bloomberg BNA analysis of district court cases in the last five years.

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Sharon Robertson, an antitrust practitioner at Cohen Milstein Sellers & Toll, said there are several reasons that food and drug stores often act together as antitrust plaintiffs. The market is dominated by a small number of big players, which makes it easier for companies to work with each other. Their products also aren’t particularly flexible in terms of price or choice. People use them every day and can’t or won’t switch to different products.

“There is both the motive and opportunity for collusion because of the way that the industry is structured,” she told Bloomberg BNA.

The complete article can be accessed here.