Committee to Support the Antitrust Laws

Committee to Support the Antitrust Laws

Highlights of Activities and Accomplishments

 • COSAL will represent the views of the antitrust plaintiffs’ bar during consideration of the Antitrust Criminal Penalties Enhancement and Reform Act (ACPERA), which is up for reauthorization in 2020.

• COSAL is playing a central role in the ongoing debate over the indirect purchaser and pass-through rules established by the seminal antitrust cases Illinois Brick and Hanover Shoe.

 • COSAL is a leader in the coalition that supports the Forced Arbitration Injustice Repeal Act (FAIR Act), which prohibits the enforcement of forced arbitration clauses and class action waivers in consumer, employment, civil rights and antitrust disputes.  COSAL worked to ensure that antitrust class actions were included in the legislation. 

 • COSAL was a leader of the coalition that successfully defeated the so-called Fairness in Class Action Litigation Act, which would have made it virtually impossible to certify class actions by, among other provisions, requiring every class member to suffer the same injury.

 • COSAL members testified and submitted comments to the Civil Rules Advisory Committee regarding proposals to modify Rule 23 and 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.