One of the primary differences between parens patriae and private class actions is that parens patriae law imposes no certification requirement, such as is required by Federal Rule of Civil Procedure 23, for a parens patriae action to proceed. A state can bring a parens patriae action, for example, under Section 4C of the Clayton Act, 15 U.S.C. § 15c, which allows state attorneys general to sue private companies in federal court for monetary damages under federal antitrust law, as parens patriae, on behalf of their citizens who are “natural persons.” (A state could bring antitrust claims on its own behalf just as any private person could, but 15 U.S.C. § 15c limits beneficiaries of claims made as parens patriae to natural persons.)

mmission Authorizes Three New Compulsory Process Resolutions for Investigations” (Aug. 26, 2022), https://www.ftc.gov/news-events/news/press-releases/2022/08/federal-trade-commission-authorizes-three-new-compulsory-process-resolutions-investigations.[9] Press Release, “FTC Seeks to Block Virtual Reality Giant Meta’s Acquisition of Popular App Creator Within” (July 27, 2022), https://www.ftc.gov/news-events/news/press-releases/2022/07/ftc-seeks-block-virtual-reality-giant-metas-acquisition-popular-app-creator-within.[10] Press Release, “Federal Trade Commission Withdraws Vertical Merger Guidelines and Commentary” (Sept. 15, 2021), https://www.ftc.gov/news-events/news/press-releases/2021/09/federal-trade-commission-withdraws-vertical-merger-guidelines-commentary.[11] H.R. 2617, 117th Cong., Division GG, Title III (2022).[12] See 28 U.S.C. § 1407(g) (“Nothing in this section shall apply to any action in which the United States is a complainant arising under the antitrust laws.”).[13] See 15 U.S.C. § 15c (Section 4C of the Clayton Act).[14] Alison Frankel, “Tussle between Congress and courts lurks in Google's JPML bid,” Reuters (July 28, 2021), https://www.reuters.com/legal/litigation/tussle-between-congress-courts-lurks-googles-jpml-bid-2021-07-28/. [15] Bryan Koenig, “State AGs' Google Ad Suit Must Join Private Ones In NY,” Law360 (Aug. 10, 2021), https://www.law360.com/articles/1411575/state-ags-google-ad-suit-must-join-private-ones-in-ny.[16]Press Release, “Lee’s Antitrust Venue Act Passes Senate” (June 16, 2022), https://www.lee.senate.gov/2022/6/lee-s-antitrust-venue-act-passes-senate.[17]Press Release, “Attorneys General to Congress: Provide States with the Same Antitrust Venue Rights as Federal Enforcers” (June 18, 2021), https://www.naag.org/press-releases/attorneys-general-to-congress-provide-states-with-the-same-antitrust-venue-rights-as-federal-enforcers/.[18]Letter from Lina Khan to Durbin et al. (Feb. 7, 2022), https://www.ftc.gov/system/files/ftc_gov/pdf/khanlettersenat

Federal law empowers state AGs to bring suit under the federal antitrust statutes. 15 U.S.C. § 15c.