While there is a long history of court precedent supporting the use of class certification in US antitrust claims cases, many jurisdictions around the world are just beginning to allow collective actions in competition cases, and there is often a lower bar for class certification. In the Summer 2021 edition of the American Bar Association’s Antitrust magazine, Brattle Principal Dr. Nicholas Powers coauthored an article on how economic analysis can be a useful tool to decide on the appropriate standards of proof.
The article, “Differing Proof Requirements for Global Class Actions: Using Economic Analysis to Guide Future Policymakers,” outlines several key considerations, and presents the trade-offs in setting high versus low standards for the level of proof required to establish whether claims are sufficiently similar to qualify as a class action. The authors compare and contrast the standards in several key jurisdictions, and illustrate why straying from an optimal standard could harm certain parties or lead to efficiency losses.
Published in Antitrust Magazine