In this LIVE Webcast, a panel of thought leaders and professionals brought together by The Knowledge Group will provide and present an in-depth analysis of the fundamentals as well as recent developments in Practical Guidance to Antitrust Class Certification: Emerging Nuances Associated with Damages Claims.
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.
Class certification in antitrust litigation is becoming extremely challenging for plaintiffs and defendants alike. The unexpected shift in court proceedings brought by COVID-19 also added to the existing complexity of this lawsuit, emphasizing the need to be more non-complacent and always be on guard of changes. To successfully address the arising challenges and risks, businesses and their legal counsel should be well-informed of the best compliance strategies and appropriate standards on each class certification analysis, especially when applied to antitrust injuries and damages. Join antitrust experts Rainer Schwabe (Cornerstone Research) and David Kaplan (Berkeley Research Group, LLC) as they bring the audience to a road beyond the basics of antitrust class certification. Speakers will delve into an in-depth analysis of the most notable antitrust cases and court decisions. They will also provide the audience with practical strategies in bringing out the best in these proceedings in a rapidly evolving legal climate. Some of the major topics that will be covered in this course are: Antitrust Class Certification: A 2020 Perspective Economic Analysis of Class Certification Notable Cases and Court Decisions Emerging Issues and Challenges Class Certification in Financial Markets and Two-Sided Markets
Challenges to mergers and acquisitions by US antitrust authorities spiked in 2019, with much attention paid to “nascent” competitive problems and vertical mergers. This was capped off by proposed Department of Justice (DOJ) and Federal Trade Commission (FTC) vertical merger guidelines, the first such guidelines issued since 1984. In addition, the DOJ has continued to express concern about merger remedies, leading to the DOJ’s attempt to stop the AT&T-Time Warner combination. The concern about remedies played another role in the court room, as one court engaged in an unprecedented expanded Tunney Act review of a merger consent order offered by the DOJ. And not to be outdone, the Attorney Generals of several states showed their dissatisfaction with the DOJ remedies in the T-Mobile/Sprint consolidation, bringing their own lawsuit to stop the deal.
In its continued effort to deter anticompetitive conduct and other violations affecting government procurement, the U.S. Department of Justice (DOJ) created the Procurement Collusion Strike Force in 2019. It is comprised of state and federal investigators and prosecutors mandated to investigate and prosecute all types of procurement collusions and other similar misconduct in government purchasing and programs.
With the growing competition in the marketplace and the increasing number of antitrust claims, the Department of Justice’s (DOJ) Antitrust Division and the Federal Trade Commission (FTC) continue to intensify its crackdown on anticompetitive conduct across all industries. The FTC recently announced the creation of an internal task force that would monitor and investigate potential antitrust violations arising in the technology markets.
Regulatory uptakes on anti-competitive restrictions in labor markets is expected to ramp up with the Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) in the lead. Recently, the DOJ filed Statement of Interest on several pending cases to provide courts with significant guidance on the analysis of “no-poach” agreements and clarified that alleged cases of “no-poach” agreements do not automatically warrant per se review.
The Coronavirus Disease 2019 (COVID-19) pandemic has significantly distressed the global market today. Companies suffer from interrupted supply chains and income losses as a result of paralyzed business operations. Practitioners think that this consequential business disruption may lead companies to collaborate with competitors in the hopes of keeping them afloat amidst the troubled economy. However, this move can also potentially violate the competition law.
Today's legal landscape presents a higher degree of complexity and challenges for antitrust class action certifications. Several legal and economic issues that require crucial understanding and analysis of the law pose risks for businesses and practitioners alike. Furthermore, with the recent decisions and ongoing court cases constantly shifting the process, it is becoming more imperative for companies and their counsel to be conversant with the latest trends and developments in class certification rules and provisions.
Trends and Developments in Antitrust Class Certification: Best Strategies in Light of Recent Court RulingsIwork OJT2021-07-28T22:10:39-04:00
Antitrust class certification has become more intricate over the years. The proliferation of lawsuits, court rulings, and regulatory trends continue to shed light on the evolving process and analysis of class certification.