Class Warfare: Why Antitrust Class Actions are Essential for Compensation and Deterrence
Antitrust Magazine, Vol. 30, No. 2, 2016
University of Baltimore School of Law Legal Studies Research Paper No. 2016-12
6 Pages Posted: 12 Apr 2016 Last revised: 30 Aug 2016
Date Written: March 30, 2016
Abstract
Recent empirical studies demonstrate five reasons why antitrust class action cases are essential: (1) class actions are virtually the only way for most victims of antitrust violations to receive compensation; (2) most successful class actions involve collusion that was anticompetitive; (3) class victims’ compensation has been modest, generally less than their damages; (4) class actions deter significant amounts of collusion and other anticompetitive behavior; and (5) anticompetitive collusion is underdeterred, a problem that would be exacerbated without class actions. Unfortunately, a number of court decisions have undermined class action cases, thus preventing much effective and important antitrust enforcement.
Keywords: Antitrust, class actions, antitrust class actrions, class action cases, damages, antitrust damages, compensation, deterrence, collusion, cartels
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