Litigating Conspiracy: An Introduction

Abstract

This chapter introduces the articles contained in Litigating Conspiracy: An Analysis of Competition Class Actions. The articles focus on the intersection of competition law and class actions. They consider the role that class actions can play in achieving an optimally competitive market for goods and services and in providing compensation for those who have suffered as a result of anticompetitive conduct. They examine key issues such as the appropriate test for class action certification and acceptable methodologies for calculating damages, and in doing so they bring to bear the views of legal academics, economists and experienced practicing lawyers. The first three articles examine the dominant rationale for allowing competition class actions and explain the appropriate relationship between public and private proceedings aimed at stopping anticompetitive conduct. They consider deterrence and ways to achieve an optimal level of enforcement of competition law. Six articles consider the test for certification of competition class actions, from both the American and Canadian perspective. One article addresses conflict of laws issues and another tackles conflict of interest concerns for counsel relating to fee arrangements. The final group of articles focuses on damages.