Broadcast Date: Thursday, November 18, 2021
from 12:00 pm to 1:00 pm (ET)


In the class certification stage, plaintiffs bear the evidentiary burden to satisfy Rule 23 of the Federal Rules of Civil Procedure. District courts are required to consider all probative evidence regardless of overlaps or other merit issues, especially regarding the inclusion of unharmed class members. Recent Supreme Court decisions in Goldman Sachs and TransUnion clearly articulate this mandate. However, in most antitrust class action cases providing evidence of a class-wide impact remains a challenge.

While some courts advise using statistical methods in proving injury and representative sampling, others believe that proper certification can be possible if there is an existing method to separate injured from uninjured class members.

Listen as experienced class action litigation lawyers Philip A. Giordano (Hughes Hubbard & Reed LLP) and Jeffrey J. Amato (Winston & Strawn LLP) provide a comprehensive guide on the procedures and requirements for antitrust class certification. The speakers will also discuss the most notable cases and court decisions as well as their impact on class certification proceedings.

Key topics include:

  • Overview of Class Certification Proceedings
  • Antitrust Class Certification Requirements
  • Notable Cases and Court Decisions
  • Impact and Implications of Recent Court Decisions
  • What Lies Ahead


Advance Preparation:

Print and review course materials


Method of Presentation:

On-Demand Webcast



General knowledge of antitrust class action


Course Code:



NY Category of CLE Credit:

Areas of Professional Practice


Total Credit:

1.0 CLE

Speaker Panel:

Jeffrey J. Amato, Partner
Winston & Strawn LLP

Jeffrey J. Amato is a partner in Winston & Strawn’s Global Antitrust/Competition and Complex Commercial Litigation practices.  He handles complex multi-forum disputes, principally in the areas of antitrust, class actions, and government investigations. Jeffrey is skilled in the use of expert evidence and data analytics to devise innovative legal strategies. Prior to joining Winston, he served as law clerk to the Honorable Arthur D. Spatt, U.S. District Judge for the Eastern District of New York.  Before his clerkship, Jeffrey was an attorney with the U.S. Department of Homeland Security, where he prosecuted numerous civil enforcement actions against individuals, air carriers, shippers, and other regulated entities.  During his tenure at the U.S. Department of Homeland Security, he received an interim appointment as Special Assistant to the Chief Counsel of the Transportation Security Administration.

Philip A. Giordano, Partner
Hughes Hubbard & Reed LLP

Philip A. Giordano is a partner based in Hughes Hubbard’s Washington office. Philip practices in all areas of antitrust law, including transactional matters before the Federal Trade Commission (FTC) and Department of Justice (DOJ), government civil and criminal investigations, complex civil litigation, criminal defense, and client counseling. In addition to seven years in private practice, he draws on more than 15 years of experience as a prosecutor in the Antitrust Division of the DOJ, where he served as a Trial Attorney in both the Washington Criminal I Section and the Technology and Financial Services Section, and as a Special Assistant to the Directors of Enforcement in the Antitrust Division’s Office of Operations. Philip’s experience in antitrust matters spans a diverse set of industries, including computer hardware and software, auto parts, telecommunications, generic drugs, financial services, media and entertainment, publishing, chemicals, air cargo transportation, and consumer goods.



Philip A. GiordanoPartner

Hughes Hubbard & Reed LLP

  • Issues of predominance and how large a percentage of uninjured class members is sufficient to defeat class certification. Olean Wholesale Grocery Coop. v. Bumblebee Foods, 993 F.3d 774 (9th Cir. Apr. 6, 2021) held that anything more than de minimis percentage of class members is sufficient, but the 9th Circuit has reheard the issue en banc and we are waiting for its ruling.
  • Ongoing efforts by courts to establish limits on using averaging in statistical models of impact.
  • Whether a class can be defeated due to inadequate representation if the named plaintiffs are typical of only a small subgroup within a class, or were middlemen who may have benefitted from any illegal conduct by charging higher prices on resale.
  • The proper analysis of numerosity. The 4th Circuit recently remanded a decision certifying a class of 35 plaintiffs because the district court based its decision on the judicial economics of individual trials, rather than considering whether joinder is practicable as Rule 23 requires.


Jeffrey J. AmatoPartner

Winston & Strawn LLP

  • The use of alternative procedural mechanisms for challenging class action claims, including motions to strike pleadings under FRCP 12(f) or early denial of class under Rule 23.
  • The potential effect of the Supreme Court’s recent decision in TransUnion, LLC v. Ramirez, 141 S. Ct. 2190 (2021) on class certification in antitrust cases: how the Court’s clear rejection of Article III standing for uninjured class members will influence the Rule 23 analysis moving forward.
  • Challenges to methodologies offered by plaintiffs to establish class-wide injury, including the propriety of average-price models.
  • Strategic responses to antitrust class plaintiffs’ shift to quality reduction and data privacy theories of class-wide injury in cases where there is no measured pricing impact.

Date & Time:

Thursday, November 18, 2021

12:00 pm to 1:00 pm (ET)

Who Should Attend:

  • Antitrust Lawyers and Consultants
  • Class Action Lawyers
  • Legal Counsel
  • Paralegals
  • Compliance Executives
  • Litigation Officers
  • Top Level Management
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Jeffrey J. AmatoPartner
Winston & Strawn LLP
Philip A. GiordanoPartner
Hughes Hubbard & Reed LLP



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