The Revolution in the Law and Economics of Antitrust Class Certification
This publication offers practical guidance to antitrust class actions. It provides the general analyses involved in determining whether a class can be certified, where the determination of who is appropriately included in the class of those who have been harmed can turn an ordinary claim for damages into a multi-million dollar, bet-the-company litigation, and where, on the other hand, an unsuccessful motion often ends the litigation.
Explores why antitrust law is so important in today's economy, why antitrust class action lawsuits are brought, how they are decided, and the legal and economic issues that have changed the way the courts approach them, why and how economic analysis has become an essential part of antitrust law, and how antitrust law has changed as a result of the analyses and evidence that economists have brought to the courtroom.
Table of Contents
Chapter 1. Shifting Sands: Changing Standards of Proof for Class Certification in Antitrust Class Actions
Chapter 2. Old School Rules and Requirements: When Class Certification Was Easier
Chapter 3. Tying in the Bogosian Shortcut
Chapter 4. Hydrogen Peroxide and the Need for Rigorous Analysis: A Body of Proof or Rigor Mortis?
Chapter 5. The Catalysts of Change
Chapter 6. The Demand for Economics in the Courts
Chapter 7. Where's the Money?
Chapter 8. Time Travel: Assessing the Merits of the Case in the Context of Class Certification
Chapter 9. How Heavy is Your Funky Chicken? Econometrics and the Mechanics of Regression Analysis
Chapter 10. Shoes, Bricks, and Finding a Place for Indirect Purchasers to Stand
Chapter 11. The Buck Stops Here
Chapter 12. No More Junk Science: Challenging Experts at the Class Certification Stage
Chapter 13. When the (Diamond) Dust Settles
Chapter 14. Evolution and Revolution