Broadcast Date: Tuesday, August 08, 2023
from 12:00 pm to 1:00 pm (ET)


Antitrust laws have long played a critical role in ensuring fairness in the marketplace. However, as the business landscape continues to evolve, so do the legal intricacies surrounding the antitrust laws. This year, courts are facing significant challenges, including the inclusion of uninjured class members, establishing ascertainability, and the role of economic analysis in antitrust class actions.

Join renowned thought leaders and legal practitioners as they delve into the intricacies of antitrust class certification in light of ever-changing standards. Attendees can expect a comprehensive discussion of the latest developments focusing on recent court decisions that significantly impact class certification requirements. The speakers will also, among other things, share practical strategies for dealing with these key issues in antitrust class actions.

This LIVE Webcast will discuss the following:

  • Antitrust Class Certification: A 2023 Perspective
  • Current Issues and Challenges
  • Notable Cases and Court Decisions
  • Best Compliance Practices
  • What Lies Ahead


Course Level:



Advance Preparation:

Print and review course materials


Method of Presentation:

On-Demand Webcast



General knowledge of antitrust class certification


Course Code:



NY Category of CLE Credit:

Areas of Professional Practice


Total Credit:

1.0 CLE

Speaker Panel:

David Kaplan, Executive Director
Economic Consultant

Berkeley Research Group, LLC

Mr. Kaplan is Executive Director at BRG. Has provided antitrust consulting services for over 30 years. Testified in some 20 trials. Accepted as expert in each one. Submitted expert reports in some 20 antitrust class actions and testified in 8 hearings. Taught for 20 years, 10 at George Mason teaching economics, including antitrust and Statistics, including econometrics at Johns Hopkins for 10 years. Taught CLE courses on class actions and antitrust damages.

Consultant to FTC, DOJ, and Senate Judiciary Committee on antitrust and damages. Testified before Congress on antitrust issues. Published book and articles on antitrust issues. Made presentations on antitrust issues to organizations such as ABA.

William J. Kolasky, Partner
Chair of HHR’s Antitrust Practice

Hughes Hubbard & Reed LLP

Bill Kolasky is a partner in the Washington, DC, office of Hughes Hubbard & Reed. Specializing in antitrust, Bill has nearly 50 years of experience representing clients in antitrust litigation, including in major antitrust class actions in industries as varied as insurance, financial services, media, telecommunications, and wood pallets. In 2013, he received the Global Competition Review’s Lifetime Achievement Award for his accomplishments in private practice, government service, and antitrust scholarship.



David KaplanExecutive Director

Berkeley Research Group, LLC

  • Why consideration of impact and damages is critical to economic class action analysis?
  • Can some form of common evidence reliably determine impact and damages for proposed class members or does the analysis necessarily require consideration of idiosyncratic issues associated with individual proposed class members?
  • What are the consequences of including uninjured class members in the proposed class definition?
  • What is the impact of the “Tuna Decision.”


William J. KolaskyPartner

Hughes Hubbard & Reed LLP

  • Why do defendants concede that the existence of an alleged antitrust conspiracy and its anticompetitive effects is a common question of law and fact?
  • To what extent has the “all or substantially all” requirement for showing that common method of proof can be used to demonstrate class wide impact been eroded by Olean and these other recent decisions?
  • Have some courts given up trying to referee the war of the experts beyond enforcing Daubert?
  • Does the separate superiority requirement in rule 23(b)(3) still have teeth?

Date & Time:

Tuesday, August 08, 2023

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

Who Should Attend:

  • Antitrust Lawyers and Consultants
  • Corporate Lawyers
  • M&A Lawyers
  • Compliance & Risk Executives
  • General/In-house Counsel


David KaplanExecutive Director
Economic Consultant
Berkeley Research Group, LLC
William J. KolaskyPartner
Chair of HHR’s Antitrust Practice
Hughes Hubbard & Reed LLP



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