Committee to Support the Antitrust Laws


Highlights of Accomplishments

• COSAL is helping to lead the effort to organize comments in support of a strong class action mechanism to be submitted to the Rule 23 Subcommittee of the Civil Rules Advisory Committee, which is considering modifications to the Federal Rules of Civil Procedure.

• COSAL is closely monitoring the U.S. Congress to ensure that Congress does not weaken the class action device or otherwise limit access to the civil justice system.

 • COSAL is a leader in the Fair Arbitration Now coalition that supports the Arbitration Fairness Act.  COSAL worked with the bill’s sponsor to ensure that antitrust class actions were included in the legislation. 

 • COSAL members testified and submitted comments to the Civil Rules Advisory Committee regarding proposals to place limits on discovery in civil lawsuits.  COSAL was a leader in the coalition that helped ensure that the final rules did not unduly restrict access to the courts.

 • In 2014, a COSAL member testified before the Senate Judiciary Committee on the importance of private enforcement against antitrust cartels.

 • From 2009-2010, COSAL led the effort to modify the Antitrust Criminal Penalty Enhancement and Reform Act (ACPERA) so that cooperating defendants are required to provide timely cooperation to antitrust plaintiffs in order to be eligible for single damages and relief from joint and several liability.  The changes also prohibit unreasonable delay in providing cooperation once a Department of Justice stay has been lifted.  The revised ACPERA was signed into law by President Obama on June 9, 2010.

 • From 2005 – 2007, COSAL closely monitored the activities of the Antitrust Modernization Commission (AMC).  COSAL’s General Counsel and individual members testified at hearings before the AMC on topics including indirect purchaser lawsuits and joint and several liability.  COSAL met with staff of the relevant congressional committees to educate them about the AMC’s recommendations, and the  organization has been instrumental in preventing anti-consumer recommendations from being considered by Congress.

 • In 2004, COSAL worked with congressional staff to shape the Antitrust Criminal Penalty Enhancement and Reform Act (ACPERA), which grants single damage liability to antitrust defendants who cooperate with claimants in private antitrust enforcement actions.  COSAL helped to ensure that joint and several liability for full treble damages would be preserved in such cases as to the uncooperating defendants and that the law would need to be reauthorized in 5 years so that improvements can be made.

 • In 2003, COSAL was part of a coalition that stopped detrimental class action legislation from passing Congress, and then helped to make improvements in the legislation that ultimately became law in 2005.

 • In 1996-1997, COSAL members testified successfully against proposed revisions to Rule 23 that would have made it more difficult to maintain class actions in the U.S. courts.  In 2000, COSAL submitted final comments opposing a new set of proposed changes that would hinder class actions.