Emerging Trend Against Nationwide Venue in Antitrust Cases

Whether Section 12 of the Clayton Act creates nationwide antitrust venue for corporate defendants depends on the circuit; many now say “no”.

December 4, 2013

Law360, New York (December 04, 2013, 2:27 PM ET) ‐‐ For over two decades now, a circuit split has been brewing on how to answer an important but seemingly straightforward question: Has Congress enacted nationwide venue in federal civil antitrust cases against corporate defendants? The source of this controversy is the two short clauses that compose the one‐sentence venue provision in Section 12 of the Clayton Act, with one clause limiting venue over corporate antitrust defendants and the other authorizing nationwide service of process:

© All Content Copyright 2003-2013, Portfolio Media, Inc. Posted with permission.

The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.


Stephen P. Safranski


Co-Chair, Antitrust and Trade Regulation Group

Related Publications

March 14, 2024
How Many Cases Have You Tried to a Verdict?
Gabriel Berg, Lauren Coppola - New York Law Journal
January 3, 2024
Navigating Class Actions After Papa John's Settlement Denial
Law360 - William Reiss, Ellen Jalkut, Laura Song
Fall 2023
All Is Not Lost: Personal Jurisdiction in a Post-BMS World
Meegan Hollywood, Jonathan Edelman - Antitrust Magazine
August 21, 2023
Colorado Expands Antitrust Protection
William Reiss and Ellen Jalkut - Colorado State Antitrust Act of 2023
August 7, 2023
Back to Top