Finding Clarity In Antitrust Class Certification

Law360, New York (October 16, 2008, 12:00 AM EDT) -- Historically, courts have been very liberal in granting class certification in horizontal price-fixing cases. Indeed, one court described the antitrust defendants’ challenge to class certification in such cases as “an uphill battle.”[1]

Basically, once plaintiffs alleged common proof of a conspiracy to fix prices, courts usually presumed that impact would be proven through common evidence of a competitive price range lower than the price actually paid by plaintiffs or certified classes based on the existence of an expert’s hypothetical model purportedly demonstrating class-wide impact.

Recently, however,...
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