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date: 20 February 2020

Abstract and Keywords

Section 4 of the Clayton Act provides a private right of action for victims of antitrust violations. In cases where the individual injury is too small to be worth pursuing, the individual injuries may be aggregated and pursued in a class action. This chapter discusses the economic rationale for antitrust class actions, deterrence, and victim compensation. Class actions require common proof of impact and damages, which is difficult to prove, and some recent changes in precedent have provided additional barriers. The chapter presents the economic model of litigation, and reveals why most disputes settle. It also considers the special case of coupons in class actions and the implications of the 2005 Class Action Fairness Act.

Keywords: antitrust, class action, private damages, deterrence, class certification, Class Action Fairness Act, coupons

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