Joshua Davies and Rose Kohles ‘Antitrust Annual Report – Class Action Filings in Federal Court’

This report, available here, reviews US federal class actions from 2013-2018. It looks at various statistics regarding US federal class actions over the years (with lots of graphs and pics). The Report provides a number of interesting insights without extensive analysis. It finds that: (i) a mean number of 420 complaints are filed per year in the US; (ii) most antitrust class actions that reached Final Approval did so within three to five years; (iii) the mean settlement amount varied by year from about $25 million to $42 million, and the median amount varied by year from about $5 million to $11 million; (iv) the total annual settlements ranged from about $1 billion to $5 billion per year; (v) the cumulative total of settlements was $19.3 billion from 2013-2018. While a mean average of 420 cases were filed a year between 2009 and 2018, there is significant variation year-on-year. This seems to be driven by the size of the industry…

Cento Veljanovski ‘Collective Certification in UK Competition Law: Commonality, Costs and Funding’ (2019) World Competition 42(1) 121

This article, available here, provides critical assessment of the UK’s emerging collective certification process. It argues that the Competition Appeal Tribunal has applied the test for certification too strictly and not in accordance with the case law surrounding the ‘Canadian model’ on which the UK certification procedure is based; and incorrectly treated the award of aggregate damages as the summation of individual damages. It also argues that the way the CAT has handled these two factors threatens to undermine the purpose and effectiveness of the UK’s new collective action regime. The piece is structured as follows: Section 2 provides an overview of the collective certification requirements. Prior to the Consumer Rights Act 2015, which amended the Competition Act, potential litigants had limited opportunities to bring a group action against a common defendant. One might try to rely on group litigation orders – a case management device that allows a court to manage separate claims which share ‘common or related issues of fact…