United States Experience With Competition Class Action Certification: A Comment

Abstract:     
In this comment arising out of a 2005 conference at the University of Western Ontario on the growth of competition class actions, I discuss the American experience in this area. I first respond to two excellent papers from Professors Robert Klonoff and William Page on different aspects of the American class action experience. I then discuss the anticipated effect of the Class Action Fairness Act on private antitrust enforcement. I conclude with advice for new jurisdictions adopting class action type mechanisms, particularly the need to incorporate standing for indirect purchasers. The full symposium on this issue can be found at 3 Canadian Class Action Review (2006).

Keywords: class actions, competition law, antitrust law, indirect purchasers, class certification, class action fairness act

JEL Classifications: l40, K40, K41, K42

Accepted Paper Series