Class/Collective Actions
Our work includes analyses of class certification issues in monopolization and cartel cases. Our analyses have helped determine whether the effects of alleged anticompetitive conduct would have been common across the putative class, whether antitrust impact and damages could be assessed using common evidence and analysis, and whether the estimated damages could be causally related to the alleged conduct.
Our Capabilities
Our consultants and academic affiliates have served as experts in high-profile class actions, assessing and evaluating the economic underpinnings of commonality and typicality arguments, and including attention to:
- Whether antitrust impact and damages could be determined on a class-wide basis using common evidence and analysis
- Whether conflicts exist among various members of the proposed class
- The importance of merits-related issues to class certification
- Whether alleged conduct would have resulted in overcharges to all (or nearly all) direct purchasers
- Whether all (or nearly all) of any overcharges would have been passed through to indirect purchasers
- Whether regression analysis could be used to determine impact and damages for all class members
