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Antitrust Litigation Evidence

Bennett Jones LLP

Raising the “Low Bar”: Plaintiffs Seek New Strategies to Prove Common Issues for Certification

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A plaintiff’s obligation to establish “some basis in fact” for a common issue is acknowledged as a low bar. Several Canadian appellate courts have, however, confirmed a “two-step test” as the standard analytical framework....more

Stevens & Lee

Federal Court: No Sherman Act Violation Absent Anticompetitive Conduct and Anticompetitive Effects

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Back in late January, U.S. District Court Judge Xavier Rodriguez in the Western District of Texas granted summary judgment to Loredo Medical Center (LMC) and a locally-based interventional cardiology group (LMC Cardiology...more

Montgomery McCracken

Recent Third Circuit Opinion Reinforces That Daubert Requires Courts to Examine the Data Underlying an Expert’s Analysis

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February 11, 2025 Types : Alerts Meta Platforms, Inc. recently defeated certification of a class of consumers who claim the company lied about its user privacy safeguards and violated antitrust laws. ...more

Kilpatrick

New York federal court denies class certification for antitrust plaintiffs for the second time on predominance grounds

Kilpatrick on

For the second time, a New York federal district judge denied a motion for class certification filed by caustic soda purchasers, ruling that the plaintiffs had failed to meet the predominance requirement under Federal Rule of...more

Association of Certified E-Discovery...

In-House Counsel in the Custodian Debate: Balancing Proportionality and Relevance

In Dale v. Deutsche Telekom AG, Magistrate Judge Jeffrey Cole addressed a recurring issue in complex litigation—whether in-house counsel are appropriate custodians in discovery. The October 4, 2024 decision also highlights...more

EDRM - Electronic Discovery Reference Model

An In-Depth Look at the In re Actos End Payor Antitrust Litigation and Production of Non-Inclusive Emails in Threads

As I mentioned within recent in-depth coverage of one of the cases here, the May EDRM monthly case law webinar presented by Tom O’Connor (Director of the Gulf Legal Technology Center), Mary Mack (CEO and Chief Legal...more

Jones Day

JONES DAY TALKS®: Private Antitrust Litigation in France

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Jones Day’s series on private enforcement actions relating to antitrust matters in Europe continues with a focus on recent developments in France. Partners Eric Barbier de La Serre and Ozan Akyurek discuss how proceedings...more

McDermott Will & Emery

[Event] Wage The Battle To Win The War: Expert Challenges At Class Certification - September 24th, Chicago, Illinois

Certifying an antitrust class under Rule 23 has become a battle. In the last 20 years, courts have been changing the game around Rule 23 interpretation, and rigorous analysis at class certification has made briefing...more

McDermott Will & Emery

Third Circuit Affirms Summary Judgment for Defendant in Titanium Dioxide Price-Fixing Case

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WHAT HAPPENED: ..On October 2, 2017, the US Court of Appeals for the Third Circuit unsealed its opinion in Valspar Corp. v. E.I. Du Pont De Nemours & Co., No. 16-1345 2017 WL 4364317 (3d Cir. Sept. 14, 2017) in which the...more

Jones Day

European Court of Justice Upholds Use of Evidence from Noncompetition Authority

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The European Court of Justice ("CoJ") has upheld the European Commission's use of evidence transmitted by a national authority other than a Member State competition authority in a cartel investigation. The CoJ ruled on April...more

Jones Day

Latest Reform of German Competition Law Brings Clarity

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The German Parliament has adopted the 9th Amendment to the German "Act against Restraints of Competition" ("ARC") or "Gesetz gegen Wettbewerbsbeschränkungen" ("GWB"). The new law will enter into force after publication in the...more

Troutman Pepper Locke

[Webinar] How to Navigate the Antitrust Cartel Labyrinth - October 27th, 12:00p.m. EDT

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Antitrust class action price-fixing claims are among the most costly corporate litigation your company or client can face. In many cases, plaintiffs seek to plead and prove the alleged cartel through alleged indirect...more

Knobbe Martens

Third Circuit Upholds Dismissal of Doryx ‘Product Hopping’ Suit

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On September 28, 2016, the Third Circuit issued an opinion in Mylan v. Warner Chilcott, upholding the Eastern District of Pennsylvania’s holding on summary judgement that Defendants’ “product hopping” conduct did not violate...more

McDermott Will & Emery

The Use of Expert Opinions in ‘Reverse-Payment’ Settlement Cases Under Actavis - King Drug Company of Florence, Inc., et al. v....

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Applying its previous rulings in related litigation and interpreting FTC v. Actavis, 570 U.S. 756 (2013), the U.S. District Court for the Eastern District of Pennsylvania was tasked with determining whether to preclude expert...more

Patterson Belknap Webb & Tyler LLP

Nexium District Court Takes Pioneering Approach to Preliminary Jury Charge

How does a court explain the complicated area of law at the intersection of patent settlements and antitrust law to a group of lay-jurors in the wake of Actavis? The district court’s approach to preliminary jury instructions...more

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