The Antitrust Review of the Americas 2017

United States: Class Actions

The United States has a robust class action regime for antitrust litigation as part of a dual system of public and private enforcement. Antitrust class actions are typically brought by direct or indirect purchasers of companies in industries accused of widespread anticompetitive behaviour. These cases often, but do not always, follow investigations or enforcement actions by the US Department of Justice or Federal Trade Commission. Through a multi-district litigation procedure in federal court it is common for these cases to be consolidated in one court so a single judge presides for pretrial purposes, including class certification.1

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