Labaton Sucharow Antitrust and Competition Litigation Chair Gregory Asciolla was interviewed by Law360 about a new report published by Lex Machina that showed that "plaintiffs have a better than 50-50 chance of winning antitrust cases that make it to trial" but "getting there is a trial in itself due to court rulings making it harder to win class certification and fend off dismissal motions and summary judgments."
"The Supreme Court has issued decisions over the last decade that have raised the bar on motions to dismiss and class certification," said Asciolla. Law360 noted the Supreme Court's Twombly and Matsushita decisions as examples that "raised the burden for plaintiffs on pretrial motions."