The Antitrust Review of the Americas 2018

United States: Class Actions

The United States has a robust class action regime for antitrust litigation as part of the dual system of public and private antitrust enforcement. Antitrust class actions are typically brought by direct purchasers and/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 it is commonplace for these cases to be consolidated in one federal court so that a single judge can preside over them for pretrial purposes, including class certification.1

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