Antitrust is all about keeping markets fair—making sure no company crosses the line from "market leader" to "untouchable giant." As businesses grow, they often get even bigger faster. And that’s where antitrust steps in.
Lately, it’s been a hot topic. So when the DOJ filed its latest lawsuit against Visa ($548 billion market cap), we got curious: How many of these cases are being filed? Which industries are feeling the pressure? And who’s driving all of this?
So, naturally, we decided to dive in. And wow, the stories we uncovered from just one simple dataset...check it out below.
Why You Should Care
Antitrust isn’t just about corporations—it affects you. When companies like Visa, Apple, and Live Nation control the market, it limits choices and drives up prices (hello, $1200 Eras Tour tickets). Understanding antitrust gives you a glimpse into the future of competition.
Disclaimer: Our dataset focuses on federal-level cases, but state and local government filings matter, too, to get the whole story.
The Raw Data
We started by indexing antitrust lawsuit data from the DOJ. Which, unsurprisingly, wasn’t easy to find or aggregate.
Here’s what we found:
Insights:
Big Surge in the 1960s and 1970s: Antitrust lawsuits skyrocketed. Even though the Sherman Antitrust Act has existed since 1890, enforcement didn’t pick up until 70 years later. Before 1960, only 7 cases were filed!
Fewer Cases Today: With all the buzz around monopolies in tech, healthcare, and retail, you’d expect more filings in the 2020s. But instead, we’re seeing a drop.
So why is this? Has regulatory focus shifted? Is it harder to prove antitrust violations? Or is it more about the complexity of the cases? This gap between public perception and actual legal action is definitely worth exploring.
Let's figure out what industries are being filed against the most and who is filing these lawsuits.
Lawsuit by Industry Data
We pulled NAICS industry data and grouped it into broader categories to simplify the visualization. Here’s what the data revealed:
Note: To better visualize the data, we decided to cut off data from before 1960, as there were only 7 cases filed before 1960 (out of 2415 total lawsuits, or 0.002%).
Insights
Manufacturing and Industrial - a Clear “Winner”
Despite the rise of newer industries, Manufacturing and Industrial—spanning everything from chemicals and equipment to food and pharmaceuticals—still leads in antitrust lawsuits.
With over 700 cases (500 since 1990), this sector consistently draws regulatory attention, likely due to market consolidation and industry dominance.
Some key cases include:
- United States v. Pabst Brewing Company (1959): The DOJ sued Pabst for its acquisition of Blatz Brewing Company, claiming it would reduce competition in the beer industry. The court ordered the divestiture of Blatz to prevent monopolistic control.
- United States v. DuPont (1976): DuPont monopolized the auto paint market by controlling General Motors. The Supreme Court ruled that DuPont’s influence stifled competition, forcing it to divest GM shares.
- United States v. Pfizer (2003): The DOJ challenged Pfizer’s acquisition of Pharmacia, requiring divestitures to avoid monopolistic control in key drug markets.
- United States v. Parker-Hannifin (2017): The DOJ blocked Parker-Hannifin’s acquisition of CLARCOR to prevent monopolistic control in the aviation filtration market, ensuring competition and fair pricing.
Despite all the buzz around tech, traditional industries still dominate antitrust actions, showing their ongoing influence.
Construction & Real Estate Lawsuits on the Rise
While most industries are seeing fewer antitrust lawsuits, Construction and Real Estate stand out as exceptions. Whether it’s market consolidation, competitive bidding, or real estate dominance, this sector continues to catch regulators' attention.
What’s behind the steady stream of lawsuits in construction when other industries are cooling down? There’s plenty to dig into for anyone curious about competition in this essential industry.
Lawsuits by Filer Data
Next, we wanted to see who’s filing these lawsuits. To make it easier to visualize, we broke it into DOJ filings and Non-DOJ filings (filed by others).
Insights:
Non-DOJ Filings on the Rise
One major trend stands out: Non-DOJ filings increased significantly around 2018, just as DOJ filings started to drop.
States Stepping Up Where Feds Aren’t
Since 2018, states have become more aggressive, targeting big mergers and monopolies—especially in tech and telecom. Examples include New York v. Deutsche Telekom AG (2019) and Illinois v. Elite Staffing (2023). Is it because states are taking the lead?
The Big Questions
So, what’s happening at the DOJ? How much is politics influencing federal antitrust cases? Are funding issues behind the decrease in filings? Let’s dive deeper into these questions.
Anti-Trust Lawsuits by U.S. President and Party
We pulled data on who was in charge each year—specifically, the President and their political party.
Insights
Since 1993, when we last saw a major spike in filings, Democrats have led the charge in antitrust filings:
- Democrats: 62.35 antitrust filings per year
- Republicans: 50.75 antitrust filings per year
This isn’t surprising—Republicans traditionally favor free-market policies and less government intervention in business.
But here's the twist: Trump (R) and Biden (D) have significantly reduced filings, with Biden cutting them even more. So it’s clear there’s more going on here than just political party lines.
This raises a bigger question, and our last question for now: How does DOJ funding affect the number of cases filed?
Anti-Trust Lawsuits Compared to DOJ Antitrust Yearly Budget
Last, we pulled data on the DOJ’s Antitrust Division Appropriation Figures, and here’s what stood out:
Insights:
We assumed the drop in cases was due to reduced funding, but federal funding keeps increasing while the number of cases drops. What’s going on?
Are cases getting more complex? Big names like Apple, Visa, and Live Nation/Ticketmaster are involved, and these cases demand more extended investigations and more resources. So, while fewer cases exist, each is a more significant battle.
Is the FTC stepping up? While the DOJ has been filing fewer cases, the FTC is ramping up its activity—especially in Big Tech and healthcare—possibly filling the gap where the DOJ isn’t as active.
Where We’d Go Next
There’s plenty left to investigate, but our next stop would be diving into the FTC. While both the DOJ and FTC enforce U.S. antitrust laws, they do it a bit differently:
- The DOJ handles criminal and civil cases across industries like tech and finance, typically in federal court.
- The FTC focuses on civil cases in healthcare, consumer goods, and Big Tech sectors. Its administrative court speeds things up, bypassing federal court.
Under Lina Khan, the FTC has been ramping up—especially in Big Tech and healthcare. So, what’s happening on their side? That’s where we’d go next.
Thanks for jumping down this data rabbit hole with us. Now we’re curious: What will you do with this data?
-Jessica & Gus
P.S. want to see the raw data? Check it out here!
