News & Analysis as of

Antitrust Violations Class Certification

Zelle  LLP

Judge Donato Excludes Expert Opinion Testimony, Denies Class Certification in Klein V. Meta

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On January 24, 2025, Judge Donato granted Meta’s motion to exclude the opinions of user plaintiffs’ expert on antitrust injury. Finding that the class certification motion depended on the expert opinions offered by Dr....more

White & Case LLP

Justin Le Patourel v BT Group Plc: Failure for the UK’s first opt-out class action

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In its 19 December 2024 judgment, the Competition Appeal Tribunal (CAT) unanimously rejected Mr Le Patourel’s excessive pricing claim against BT. This was the UK’s first opt-out collective action to proceed to trial, and will...more

Brownstein Hyatt Farber Schreck

Illinois District Court Issues Important Class Certification Decision in a Section 1 Antitrust Case

On July 22, 2024, Judge Rebecca R. Pallmeyer of the Northern District of Illinois issued a Memorandum Opinion and Order (“Opinion”), ultimately ruling to certify a class of vendors that provide back-end software to many of...more

Ankura

The Sea of Tuna Decisions: Key Takeaways for Regression Analysis at Class Certification

Ankura on

On November 14, 2022, the U.S. Supreme Court declined StarKist Company’s petition to review the Court of Appeals for the Ninth Circuit’s en banc opinion upholding certification of three subclasses of tuna purchasers in Olean...more

Skadden, Arps, Slate, Meagher & Flom LLP

Fierce Competition Podcast | Letter From London: The Rise of UK Class Actions and the Competition Appeal Tribunal

This episode of our “Fierce Competition“ podcast looks at trends across the pond in class actions in the U.K. and focuses on the country’s new tribunal that was created specifically to hear class actions....more

Carlton Fields

Rough Waters in the Expert “Hot Tub” - Court Throws Class Expert Overboard in Google Play Store Litigation

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One notable opportunity associated with antitrust class action practice is the expert “hot tub,” which generally speaking is an in-court, on-the-record “debate” between dueling economists, with the court, parties, and experts...more

Pierce Atwood LLP

New England and First Circuit Class Action Tracker

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Updated March 21, 2025 to include all of 2024 data and trends. Pierce Atwood's Class Action Defense group is pleased to present this New England and First Circuit Class Action Tracker, which focuses on the filings and...more

Jenner & Block

In Divided En Banc Ruling, Ninth Circuit Holds That the Potential Presence of Uninjured Class Members Does Not Defeat Class...

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In April 2021, the Ninth Circuit issued its panel opinion in Wholesale Grocery Cooperative v. Bumble Bee Foods LLC, which held that the district court erred in certifying several classes of tuna purchasers in an antitrust...more

Kilpatrick

Ninth Circuit: California antitrust law does not apply to the claims of a nationwide class

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Takeaway: Consumer class actions primarily target a damages remedy. In the antitrust context, state antitrust law provides the path to damages for indirect purchasers, because federal antitrust law bars indirect purchaser...more

Vinson & Elkins LLP

Prominent Services Contractors Ensnared in No-Poach Class Action

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For many federal government contractors, their skilled and experienced workforce may be their most valuable asset. A recent “ice breaker” settlement of a class action lawsuit, however, demonstrates the wrong way to protect...more

King & Spalding

U.S. District Court Denies Class Certification Motion in Aluminum Rate-Manipulation Case Based on Improper Use of Statistical...

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On July 23, 2020, Judge Paul A. Englemayer of the U.S. District Court for the Southern District of New York denied a motion to certify a proposed class of direct purchasers of aluminum in a decision that may signal a trend...more

Haug Partners LLP

Defendants Successfully Disqualify Bankrupt Wholesaler Rochester Drug Co-Operative From Representing Class of Purchasers in...

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On July 8, 2020, Judge Alison Burroughs granted-in-part Defendants Shire and Actavis’s motion to decertify a direct purchaser plaintiff class in an alleged reverse payment antitrust case pending in the Federal District Court...more

Patterson Belknap Webb & Tyler LLP

2019 Pharmaceutical Antitrust Round-Up: A Year in Pay for Delay [Part 2]

Yesterday we discussed 2019’s most significant developments in challenges to reverse-payment settlements. Today we continue our analysis of recent trends in pharmaceutical antitrust actions with a discussion of cases...more

Patterson Belknap Webb & Tyler LLP

Classes Certified in In re Suboxone “Product-Hopping” Case

Recently, Judge Goldberg in the Eastern District of Pennsylvania certified two classes of plaintiffs asserting antitrust claims based on alleged “product hopping” by the manufacturer of branded tablets treating opioid...more

King & Spalding

D.C. Circuit Affirms Denial Of Class Certification Where Damages Model Showed That Some Class Members May Have Suffered No Injury

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On August 16, the D.C. Circuit held in a high-profile antitrust MDL involving railroad shippers that the plaintiffs failed to satisfy Rule 23(b)(3)’s predominance requirement because their expert’s damages model calculated...more

Dechert LLP

D.C. Circuit Affirms Denial of Class Certification; Plaintiffs Derailed by Expert Model Showing Uninjured Shippers

Dechert LLP on

On August 16, 2019, the D.C. Circuit Court of Appeals affirmed a denial of class certification to a proposed class of shippers seeking to recover damages from Class 1 railroads for an alleged price-fixing conspiracy. The...more

Bilzin Sumberg

Big Food Price-Fixing Update: Court Certifies Three Putative Classes in Packaged Seafood Litigation

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What started out as a proposed merger between two of the largest packaged seafood manufacturers spawned a lengthy criminal investigation into antitrust violations in the tuna industry by the Department of Justice (DOJ) and...more

Seyfarth Shaw LLP

U.S. District Court Denies Motion For Class Certification In Wage Suppression Antitrust Case

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Seyfarth Synopsis: On January 22, 2019, in Maderazo v. VHS San Antonio Partners, L.P., C.A. No. 06-CV-535, a case alleging that hospitals in San Antonio conspired to suppress nurses’ wages that had been pending for nearly 13...more

Mintz

Antitrust Case Against BCBS to Continue Under Per Se Standard

Mintz on

In a long-running antitrust case, the Eleventh Circuit recently denied defendant Blue Cross Blue Shield’s interlocutory appeal of the district court’s ruling that certain allegedly restrictive practices of defendants must be...more

Carlton Fields

No Injury, No Problem?: The First Circuit Weighs In On Certification Where Absent Class Members Lack Harm

Carlton Fields on

In Tyson Foods, the Supreme Court declined to resolve the issue of whether a class may be certified if it contains members who were not injured and have no legal right to damages. ...more

Robinson+Cole Class Actions Insider

Class Certification Improper Where 10% of Class Members Uninjured, Explains the First Circuit

The First Circuit recently addressed an issue of broad significance in class action law. It explained how a class cannot be certified when there are more than a small number of uninjured class members, and how a defendant...more

A&O Shearman

Reverse Payment Patent Settlements in the Pharmaceutical Industry: A Year in Review

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This past year has seen renewed challenges to reverse payment settlement agreements in the pharmaceutical industry. Since the Supreme Court’s Actavis decision in mid-2013, potentially anti-competitive agreements are...more

Carlton Fields

Sorry, But Your Credit Card (Class Action) Has Been Declined

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The Eastern District of New York recently declined to certify a putative class action filed by merchants against the four major credit card providers alleging antitrust violations. ...more

Patterson Belknap Webb & Tyler LLP

Duke and UNC: No-Poach Case Update

Last month, we reported on a partial settlement in an antitrust case alleging that entities within the Duke and the University of North Carolina systems agreed not to hire each other’s medical personnel unless the lateral...more

Seyfarth Shaw LLP

Court Certifies Class In Duke-UNC No-Hire Workplace Antitrust Lawsuit

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Seyfarth Synopsis: On February 1, 2018, the U.S. District Court for the Middle District of North Carolina entered an order granting in part, and denying in part, the plaintiff’s motion for class certification in a no-hire...more

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