Antitrust

As class certification standards have continued to develop in the antitrust context during the past year, questions of predominance have remained at the forefront, although the numerosity requirement has also once again been put to the test. This chapter places these issues of class certification in context by tracing the standards of certification and discussing the evolution of the ‘rigorous analysis’ requirement now required by federal courts. It then spotlights notable decisions from the past year that have grappled with challenges to the sufficiency of plaintiffs’ statistical models used to demonstrate the preponderance of class-wide questions, principally on the issue of showing class-wide harm, and with the number of putative class members required to be sufficiently numerous for certification.

To continue reading William Cavanaugh, David Kleban, and Jonathan Hermann's chapter on “Trends in Class Certification” in GCR's US Courts Annual Review, Third Edition, please click here.

Accreditation: An extract from GCR’s US Courts Annual Review; Edition 3, first published in June 2022. The whole publication is available at https://globalcompetitionreview.com/review/us-courts-annual-review/2022