• Publication Date: March 20, 2006
  • ISBN: Print (Hardback): 9781552211175
  • 448 pages; 6¼" x 9¼"
Filed Under: Antitrust; Torts

Litigating Conspiracy

An Analysis of Competition Class Actions


Product Description

The articles in this collection 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 practising lawyers.

This book grew out of a symposium held at the Faculty of Law at the University of Western Ontario in late March 2005. The symposium brought together Canadian academics working in either the competition or class action field, practitioners involved in competition class action cases, judges who had heard some of these cases, and American academics who contributed a valuable comparative law perspective. The speakers each contributed an article to this collection, as did many of the commentators.

Foreword – Justices Kathryn N. Feldman and Robert J. Sharpe (Court of Appeal for Ontario) and Kenneth C. Mackenzie (Court of Appeal for British Columbia)
CHAPTER 1: Litigating Conspiracy: An Introduction – Stephen G.A. Pitel
CHAPTER 2: Competition Class Actions: An Evaluation of Deterrence and Corrective Justice Rationales – Margaret Sanderson and Michael Trebilcock
CHAPTER 3: Coordinating Private Class Action and Public Agency Enforcement of Antitrust Law – David Rosenberg and James P. Sullivan
CHAPTER 4: Imperfect Information and Conspiracy Class Actions – Edward M. Iacobucci
CHAPTER 5: The Investment Theory of Class Actions – Guy Halfteck
CHAPTER 6: Antitrust Class Actions: Chaos in the Courts – Robert H. Klonoff
CHAPTER 7: Class Certification in the Microsoft Indirect Purchaser Litigation – William H. Page
CHAPTER 8: The United States Experience with Competition Class Action Certification: A Comment – Spencer Weber Waller
CHAPTER 9: The Certification of Competition-related Class Actions in Canada – John B. Laskin, Linda M. Plumpton, and Amanda M. Kemshaw
CHAPTER 10: Conspiracy Class Actions: Evidence on the Motion for Certification – David W. Kent
CHAPTER 11: Class Actions Against Multiple Defendants in Quebec: The Issues of Legal Interest and Standing to Sue – Catherine Piché
CHAPTER 12: Avoiding Pitfalls and Potential Conflicts in Negotiating Class Counsel Fees and Obtaining Court Approval – J.J. Camp
CHAPTER 13: Jurisdictional Issues in Internation Cartel Cases: A Canadian Perspective – Donald B. Houston and Jeanne L. Pratt
CHAPTER 14: An American Perspective: Comment on the Articles by J.J. Camp, and Donald Houston and Jeanne Pratt – Joseph P. Bauer
CHAPTER 15: The Role of Economics in Class Certification and Class-wide Impact – John C. Beyer
CHAPTER 16: Estimating Damages from Price-fixing – James A. Brander and Thomas W. Ross
CHAPTER 17: Compensation for the Class: Ascertaining and Distributing Damages in a Competition Class Action – James Sullivan and Amelia Staunton

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