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Litigating Conspiracy

Litigating Conspiracy

An analysis of competition class actions

By Stephen GA Pitel

CONTENTS

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.

Litigating Conspiracy is being published as a stand-alone book and as a special issue of the Canadian Class Action Review.


CONTENTS

Foreword
Justices Kathryn N Feldman and Robert J Sharpe (Court of Appeal for Ontario) and Kenneth C Mackenzie (Court of Appeal for British Columbia)

Litigating Conspiracy: An Introduction
Stephen GA Pitel
Competition Class Actions: An Evaluation of Deterrence and Corrective Justice Rationales
Margaret Sanderson and Michael Trebilcock
Coordinating Private Class Action and Public Agency Enforcement of Antitrust Law
David Rosenberg and James P Sullivan
Imperfect Information and Conspiracy Class Actions
Edward M Iacobucci
The Investment Theory of Class Actions
Guy Halfteck
Antitrust Class Actions: Chaos in the Courts
Robert H Klonoff
Class Certification in the Microsoft Indirect Purchaser Litigation
William H Page
The United States Experience with Competition Class Action Certification: A Comment
Spencer Weber Waller
The Certification of Competition-Related Class Actions in Canada
John B Laskin, Linda M Plumpton and Amanda M Kemshaw
Conspiracy Class Actions: Evidence on the Motion for Certification
David W Kent
Class Actions Against Multiple Defendants in Quebec: The Issues of Legal Interest and Standing to Sue
Catherine Piché
Avoiding Pitfalls and Potential Conflicts in Negotiating Class Counsel Fees and Obtaining Court Approval
J J Camp
Jurisdictional Issues in International Cartel Cases: A Canadian Perspective
Donald B Houston and Jeanne L Pratt
An American Perspective: Comment on the Articles by J J Camp, and Donald Houston and Jeanne Pratt
Joseph P Bauer
The Role Of Economics in Class Certification and Class-Wide Impact
John C Beyer
Estimating Damages from Price-Fixing
James A Brander and Thomas W Ross
Compensation for the Class: Ascertaining and Distributing Damages in a Competition Class Action
James Sullivan and Amelia Staunton
   

Published March 2006
Publisher Irwin Law (Canada)
Hardback/448pp
ISBN 9781552211175
Australian RRP $99.00
International Price $90.00
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Law - Canadian Law
Law - Civil Litigation


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