Why should consumers file a civil antitrust class action if the federal government is also pursing an action against an alleged violator?
A. When the federal government prosecutes an antitrust case, it is mainly interested in punishing criminals and affecting corporate behavior. Civil suits offer the best way of directly reimbursing the victims of corporate misbehavior. They also can serve as an additional deterrent to future antitrust violations, largely because the penalties can be so great. Federal law allows injured consumers to sue in federal court for three times actual damages, plus attorneys’ fees and court costs. In one recent case, for example, Berman DeValerio attorneys helped to secure a $535 million settlement from Bristol-Myers Squibb Co. to settle claims that it illegally blocked generic competition of its anxiety medication, BuSpar.
