Annual Survey of Virginia Law: Antitrust and Trade Regulation Law

Consistent with the recent national trend, antitrust claims in Virginia met with little success in Virginia's courts over the past two years. Not only have the number of antitrust complaints dwindled, but those that are filed are routinely dismissed on the pleadings or by means of summary judgment after discovery. Recent antitrust conspiracy actions have failed for a variety of fundamental reasons, including a lack of standing to bring the action and a lack of a multiplicity of actors capable of engaging in a conspiracy. On the whole, monopolization claims fared no better, and have been dismissed largely because of the absence of any evidence of adverse impact on competition.

This article addresses federal and state legislative development and enforcement activities, and antitrust decisions of the U.S. Supreme Court, the Court of Appeals for the Fourth Circuit, and state and federal courts of Virginia for the past two years.