Direct Actions and Opt-Out Practice

Class actions are a powerful tool for corporations seeking to recover for antitrust violations. There are instances, however, when a company is better-served to exclude itself or “opt-out” of a class action case and bring its own case. These individual actions provide corporations with the opportunity to exercise control over the litigation, avoid the delay and expense of class certification, and in some instances, obtain a larger recovery.

The question of whether to remain in a class action or pursue an individual case is often complicated; each path is replete with potential challenges and benefits. The Robins Kaplan Antitrust and Trade Regulation Group has decades of experience counseling companies in making this difficult decision, and, when appropriate, has successfully represented companies pursuing opt-out actions.