The widespread use of litigation funding has been lauded as balancing the scales in litigation—permitting litigants with scarce or insufficient resources the ability to fund litigation against bigger operations. In antitrust litigation, which involves allegations of market-wide harm that entails costly expert and discovery expenditures, litigation funding is a valuable tool that affords victims of anticompetitive behavior the ability to seek recourse against well-funded corporations. This panel will:

• Examine the rise of third-party funding in antitrust litigation;
• Discuss the ethical considerations pertaining to third party funding in relation to antitrust litigation, including the implications of having a third-party funder participate in strategy and decision making; and
• Discuss practical challenges pertaining to the use of third-party funding, such as the impact of having third-party funders in relation to the attorney-client privilege.