To aggressively enforce its antitrust agenda, the Biden Administration is taking bolder approaches by ramping up antitrust enforcement. In one of its recent moves, the Federal Trade Commission (FTC) and the U.S. Department of Justice (DOJ) Antitrust Division jointly announced their plans to modernize current merger guidelines.
The first criminal indictment for no-poach agreements targeting Surgical Care Affiliates (SCA) LLC and SCAI Holdings, LLC along with several succeeding indictments have spiked attention and focus in antitrust law. The intensified enforcement actions, which are likely to continue, have put managers on guard. Because antitrust enforcement is a clear priority under the Biden administration, companies are advised to stay in the loop and focus their compliance efforts on educating employees as well as on the recent developments in this area of law to avoid potential risks.
The past year has brought significant developments in the antitrust class action context, leaving questions and issues over the certification process standards. Aside from the litigation challenges caused by the shifting rules, US courts are also reinforcing their probe of proposed classes making it increasingly difficult to obtain early class decisions.
The emergence of blockchain technology spurred substantial advantages across various industries. However, as it continues to gain momentum, antitrust authorities have noted several risk issues that it may bring, including its potential to enable collusion or exclude competition. These concerns have prompted the Department of Justice (DOJ) Antitrust Division to begin scrutinizing blockchain-based partnerships.
In the class certification stage, plaintiffs bear an evidentiary burden to satisfy Rule 23 of the Federal Rules of Civil Procedure. District courts are also required to consider all probative evidence regardless of overlaps or other merit issues, especially with the inclusion of unharmed class members. Recent decisions released by the Supreme Court in Goldman Sachs and TransUnion clearly define this mandate.
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
