Heightened Class Standards In Antitrust Actions

Law360, New York (August 6, 2009, 2:39 PM EDT) -- On July 15, the Eastern District of Pennsylvania certified a price-fixing class using the more rigorous standard recently adopted by the Third Circuit and long followed in other circuits.

Following the Third Circuit’s mandate in In re Hydrogen Peroxide Antitrust Litigation, the Eastern District of Pennsylvania undertook a thorough analysis of the evidence presented and resolved disputed factual issues.

The result was not only certification of all proposed subclasses, but factual findings that will make continued defense of the action on the merits difficult.

While the...
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