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Overview:

Class certification standards continue to evolve as new litigation trends emerge and sweeping decisions come down from courts. In the antitrust class action landscape, recent issues include the use of statistical analysis, the preponderance of evidence standards, and the resolution of conflicts regarding the number of uninjured class members.

Practitioners should always expect new pitfalls that may arise given the ever-changing state of class action law.

Join a panel of key thought leaders and professionals assembled by The Knowledge Group as they examine the recent class certification issues in antitrust cases. Speakers will also provide practitioners with helpful litigation strategies to help them mitigate risks and maximize opportunities.

Key topics include:

  • Class Certification in Antitrust: Key Trends/Developments
  • Notable Cases
  • Current and Emerging Issues
  • Avoiding Pitfalls
  • Best Litigation Strategies

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

Live Webcast

 

Prerequisite:

General knowledge of antitrust class action

 

Course Code:

149091

 

NY Category of CLE Credit:

Area of Professional Practice

 

Total Credit:

2.0 CLE


How to Claim CLE Credits Per State:

https://knowledgewebcasts.com/how-to-claim-cle-credits-per-state/


CLE State Requirements:

https://knowledgewebcasts.com/cle-state-requirements/

Speaker Panel:

William J. Kolasky, Partner
Hughes Hubbard & Reed LLP

Bill Kolasky is a partner in the Washington, DC, office of Hughes Hubbard & Reed. Specializing in antitrust, Bill has over 40 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.

Stefan Boedeker, Managing Director
Berkeley Research Group, LLC

Stefan Boedeker is a managing director with BRG’s Economics and Damages practice, where he specializes in statistical consulting.

Over the last thirty years, he has worked on hundreds of cases and projects in the litigation and management consulting context, where he specializes in the application of economic, statistical, and financial models to areas such as solutions to business issues, economic impact studies, and complex litigation cases.

Mr. Boedeker has provided economic, financial, and statistical consulting and expert services to clients across a wide range of industries, including healthcare, pharmaceuticals, life sciences, high technology, entertainment, manufacturing, retail, real estate, insurance, and financial services, and federal, state, and local governments. He has issued hundreds of expert reports and given deposition and trial testimony in state and federal courts, arbitrations, and regulatory hearings over 150 times.

Andreas Groehn, Director
Berkeley Research Group, LLC

Dr. Andreas Groehn regularly supports clients in antitrust cases in Australia, Canada, England and the United States. For example, he supported clients in the air cargo price-fixing investigations and the subsequent follow-on litigations in the United States and Europe. Andreas Groehn has also filed reports and witness statements related to class actions in Canada, England, and the United States.

Anne Gron, Managing Director
AlixPartners, LLP

Dr. Anne Gron provides expert economic analysis and testimony in the context of antitrust disputes, complex commercial litigation, government and regulatory investigations, class actions, and damages estimation. She has testified and consulted on class certification in matters alleging price fixing, collusion, monopolization, and breach of contract in the context of commodity markets, financial benchmarks, insurance claims settlements, and insurance contracts. She has advised clients in matters involving insurance regulators, federal regulators (the US Securities and Exchange Commission, and the US Department of Justice), and corporate boards. She has testified in state and federal court proceedings and in state regulatory proceedings at deposition and at trial. Dr. Gron has had a distinguished academic career, and her research has been published in leading peer-reviewed economics and finance journals. She holds a PhD in economics from the Massachusetts Institute of Technology and a BA in economics (with Honors) and computer science, magna cum laude, from Williams College.

Agenda:

SEGMENT 1:

William J. KolaskyPartner

Hughes Hubbard & Reed LLP

  • The legal standards for class certification
  • How the courts apply the Rule 23(b)(3) preponderance requirement in antitrust class actions
    • Class plaintiffs must show that they can use common statistical evidence to prove injury to “all or nearly all” members of the class
    • Showing that the alleged anticompetitive conduct increased prices overall is not sufficient
  • Factors courts consider in making to this determination
    • Multiple product or geographic markets
    • Individualized negotiations
    • Substantial difference among class members

SEGMENT 2:

Stefan BoedekerManaging Director

Berkeley Research Group, LLC

  • Averages vs other metrics of dispersion showing communality in class certification.
  • Analyzing Big Data in class certification.
  • What can be done when data are not available - surveys to complement available data or to replace data that are not available.
  • Identifying demand analysis using Hierarchical Bayesian statistics.

SEGMENT 3:

Andreas GroehnDirector

Berkeley Research Group, LLC

  • Investigations by regulators are likely to lead to new types of class actions that require dealing with two-sided markets, network effects, analysis of social media in class certification.
  • Not all class actions are the same - possible confusion between the different legal and economic concepts applied in antitrust, false advertising and patent litigation.
  • The case of uninjured class members and how to avoid pitfalls of mixing different legal and economic concepts.

SEGMENT 4:

Anne Gron, Managing Director

AlixPartners, LLP

  • Demonstrating Impact at the Class certification stage: Economic Analysis of Pass-Through in Indirect Purchaser Class Certification.
  • What do recent Indirect Purchaser Class Actions indicate about the economic analysis of pass-through and the elements courts are concerned about? A case study of Sidibe v. Sutter (2020.07.30 and 2019.08.30).
    • The varied economic relationships between the defendants, direct purchasers and indirect purchaser plaintiffs in recent cases- Sidibe v. Sutter, Qualcomm, Asacol
    • Courts’ continued focus on rigorous, statistical analysis at the class certification stage – statistical analyses in Sidibe v. Sutter
    • The use of averages – economic analyses that inform the use of averages in Sidibe v. Sutter

Date & Time:

Wednesday, September 15, 2021

3:00 pm to 5:00 pm (ET)

Materials:

Download Course Materials

Who Should Attend:

  • Trial Lawyers
  • Antitrust Lawyers
  • Class Action Lawyers
  • General Counsel
  • In-House Counsel
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SPEAKERS

William J. KolaskyPartner
Hughes Hubbard & Reed LLP
Stefan BoedekerManaging Director
Berkeley Research Group, LLC
Andreas GroehnDirector
Berkeley Research Group, LLC
Anne GronManaging Director
AlixPartners, LLP

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