An American Perspective: Comment on the Articles By J.J. Camp, Donald Houston, and Jeanne Pratt
Author | Joseph P. Bauer |
Pages | 317-323 |
317
AN AMERICAN PERSPECTIVE:
COMMENT ON THE ARTICLES BY J.J. CAMP,
DONALD HOUSTON, AND JEANNE PRATT
Joseph P. Bauer*
A. INTRODUCTION
In this comment, I would like to draw some comparisons to the
approaches that we have taken in the United States to some of the issues
that have been raised in the provocative and informative articles by J.J.
Camp, Donald Houston, and Jeanne Pratt. I will begin with Mr. Camp’s
discussion about some of the issues in negotiating and obtaining judicial
approval for class counsel fees.
B. CLASS COUNSEL FEES
First, a preliminary observation. Unlike the situation in Canada, where
there is some variation among the rules in the different provinces, in
the United States questions regarding class actions in antitrust cases in
general, and more specifically issues relevant to attorney’s fees in those
actions, are governed principally by federal law. Where the plaintiff asserts
a claim that the defendant or defendants violated the federal Sherman Act
or Clayton Act,1 and seeks treble damages as authorized by section 4 of
the Clayton Act,2 the federal courts have exclusive subject matter jurisdic-
tion.3 The most likely situation for an action to be brought under state
law is a claim by indirect purchasers, who are barred from bringing an
* Professor of Law, Notre Dame Law School; B.A., University of Pennsylvania,
1966; J.D., Harvard Law School, 1969.
1 15 U.S.C. §§ 1–7 and 15 U.S.C. § 12–27 respectively.
2 15 U.S.C. § 15.
3 See, for example, Marrese v. American Academy of Orthopaedic Surgeons, 726
F.2d 1150 at 1153 (7th Cir. 1984), rev’d on other grounds 470 U.S. 373 (1985);
Kurek v. Pleasure Driveway & Park Dist. of Peoria, Illinois, 583 F.2d 378 at 379
(7th Cir. 1978), cert. denied, 439 U.S. 1090 (1979).
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