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Class Certification in Innovation Rich Spaces – Do 23(b)(3) Classes Need to Get More Innovative?

BY | April 17, 2012

David Reichenberg, Apr 17, 2012 In recent years, the backdrop for antitrust class actions has increasingly been provided by technological innovation. Take the following hypothetical: Plaintiffs allege a conspiracy between…

David Reichenberg, Apr 17, 2012

In recent years, the backdrop for antitrust class actions has increasingly been provided by technological innovation. Take the following hypothetical: Plaintiffs allege a conspiracy between providers of cell phone service resulting in the increase of cell phone plan prices over a six-year span, from 2006 to 2012. In 2006, when the conspiracy was alleged to take effect, there were 20 million consumers who had plans with calling and texting features. By 2012, 120 mi

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