Defending Class Actions Challenging Mergers

Law360, New York (March 29, 2012, 3:55 PM EDT) -- Class actions challenging mergers are relatively rare, but three such cases have recently been brought challenging mergers in the (1) retail grocery, (2) satellite radio and (3) health care/hospital industries. As is the case in most antitrust class actions, the primary issue before these courts was whether antitrust impact, or injury, could be established on the basis of classwide evidence.

In the first case, the court declined to certify the class, Kottaras v. Whole Foods Market Inc. (D.D.C. Jan. 30. 2012), while in the second, the...
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