A New Approach To Antitrust Class Certification

Law360, New York (June 14, 2010, 12:56 PM EDT) -- The Third Circuit’s decision in In re Hydrogen Peroxide in late 2008 marks an important development in the trend of scrutinizing expert opinions at the class certification stage as part of a rigorous analysis of whether plaintiffs can show that impact from an alleged violation can be demonstrated using common proof on a classwide basis.

Hydrogen Peroxide built on important precedents in the antitrust and securities class certification arena, namely the Eighth Circuit’s Blades v. Monsanto and Second Circuit’s IPO decisions, holding that the assessment of...
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