Class Warfare: Why Antitrust Class Actions are Essential for Compensation and Deterrence

Authors

Robert H. Lande, University of Baltimore School of LawFollow

Document Type

Article

Journal Title

Antitrust Magazine

Volume

30

First Page

81

Publication Date

Spring 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.

Recommended Citation

Robert H. Lande, Class Warfare: Why Antitrust Class Actions are Essential for Compensation and Deterrence, Antitrust Magazine, Spring 2016, at 81.