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Class Actions

Compliance Now! Actionable Antitrust Advice for the Residential Real Estate Industry
 |  Mar 27, 2024

The residential real estate industry is attracting unprecedented scrutiny from government enforcers and private plaintiffs, with one jury in Missouri awarding a class of home seller plaintiffs a staggering $1.8…

Class Certification in the Ninth Circuit After Olean
 |  Dec 3, 2023

By Mark G. Weiss*   The Ninth Circuit recently rejected the premise that Rule 23 of the Federal Rules of Civil Procedure precludes a class that “potentially includes more than…

Daubert’s Mystery Surcharge: The Heavy Exclusion of Economic Expert Testimony in Antitrust Litigation
 |  Jul 21, 2023

When a Berkeley economist discovered a California “mystery gasoline surcharge” it seemed inevitable that an antitrust review would follow. Excluding all other factors, Californians paid a gasoline surcharge that could…

In Defense of Class Actions: A Response to Makan Delrahim’s Commentary on the UK Mastercard Case
 |  Jun 8, 2020

By Michael D. Hausfeld, Irving Scher & Laurence T. Sorkin1   I. Introduction Few would argue with the proposition that, in the antitrust context, indirect purchaser class actions raise more…

“Bright Line” Apple v. Pepper Invites Further Economic Analysis
 |  Jul 14, 2019

July 2019 “Bright Line” Apple v. Pepper Invites Further Economic Analysis By Celeste Saravia & Todd Kumler (Cornerstone Research) 1 While Apple v. Pepper may have offered clarity on which…

The Impact of Tyson Foods v. Bouaphakeo on Antitrust Class Actions
 |  Aug 15, 2016

By Aaron M. Panner & Rachel P. May – Tyson Foods was a recent “donning and doffing” case at the U.S. Supreme Court involving whether an employer had failed to…

A Turning Of The Tide: Victim Redress Through Private Antitrust Litigation
 |  Jul 17, 2016

By Karin E. Garvey – Access to the courts is necessary to seek redress for anticompetitive activity, but the costs of litigation can deter victims of anticompetitive conduct from filing…

The Changing Landscape in U.S. Antitrust Class Actions
 |  Jan 18, 2016

By Dean Hansell and William L. Monts III No longer are antitrust damages class actions routinely certified with little factual inquiry, forcing defendants into settlements of potentially marginal claims. Rather,…

Consumer compensation and private antitrust enforcement in the U.K. – setting a trend for Europe?
 |  Jan 18, 2016

By Sebastian Peyer In 2015, the U.K. government introduced opt-out group actions for claims based on breaches of competition law. The Consumer Rights Act 2015 sets out the details of…

Private Damages and Class Action in India
 |  Jan 18, 2016

By Pranav Mehra and Ritam Arora Indian companies face enormous challenges to effectively apply and obtain restitution for damages from antitrust violations. In addition to the common problems that other jurisdictions…

Private Damages and Collective Redress in the EU — where do we stand a year after the introduction of the EU Damages Directive?
 |  Jan 18, 2016

By Pontus Lindfelt & Sophie Sahlin The EU Member States now have a bit less than a year left to implement the Damages Directive. In some jurisdictions, the implementation of…

The development of private enforcement regarding damages actions in Chile
 |  Jan 18, 2016

By Nicolás Lewin and Francisco Borquez The Chilean damages actions originated in competition infractions are emerging in Chile. Yet, there are some amendments and corrections that are needed for the…

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