Case Study: Sullivan V. DB Investments

Law360 (August 5, 2010, 12:41 PM EDT) -- Companies who have been caught in the snare of sprawling antitrust class actions know all too well the crushing potential liability that can follow class certification.

The recent Third Circuit decision in Sullivan v. DB Investments Inc., 2010 WL 2736947 (3d Cir. July 13, 2010), although a ruling in the context of settlement, extends to indirect purchaser cases relief similar to that brought to direct purchaser class actions by In re Hydrogen Peroxide Antitrust Litigation, 552 F.3d 305 (3d Cir. 2008).

In Sullivan, the Third Circuit vacated a $272.5 million indirect purchaser settlement because the district court failed to account for...

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