Private Enforcement of Antitrust Law in the United States
Show Less

Private Enforcement of Antitrust Law in the United States

A Handbook

Edited by Albert A. Foer and Randy M. Stutz

Private Enforcement of Antitrust Law in the United States is a comprehensive Handbook, providing a detailed, step-by-step examination of the private enforcement process, as illuminated by many of the country’s leading practitioners, experts, and scholars.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 13: Class Notice and Claims Administration

Katherine Kinsella and Shannon Wheatman


Katherine Kinsella and Shannon Wheatman1 § 13.01 § 13.02 § 13.03 § 13.04 Introduction Overview Individual notice Paid media notice 13.04.1 Identifying a target demographic and selecting media 13.04.2 Measuring media-based notice 13.04.3 Determining the adequacy of notice 13.04.4 Content and design of notice § 13.05 Class Action Fairness Act § 13.06 Administering a class action 13.06.1 Data concerns 13.06.2 Communicating with class members 13.06.3 Claims processing § 13.07 Conclusion § 13.01 Introduction Much has been written and discussed about the negative aspects of class action litigation, both in antitrust and in other areas of law.2 To be sure, the class action device is far from perfect. Of the many concerns raised by critics, perhaps the most serious involves the threat posed to fundamental due process rights. The opportunity to be heard is a pillar of our due process guarantees, but in class action litigation, rank-and-file class members do not control the litigation; they leave their legal fate in the hands of lead plaintiffs. At least in theory, therefore, class actions may present a problem. In practice, however, since modern class action litigation emerged over 70 years ago, federal and state laws have evolved safeguards to protect the due process rights of class members. They do this most prominently by requiring lead plaintiffs and their lawyers to notify potential members of the class that litigation concerning their rights is proceeding, and that individual members are free to opt out. This chapter discusses the contours of those notice rules. 1 Katherine Kinsella is the President and Shannon Wheatman, Ph.D....

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.