Antitrust class proceedings – Then and now

Michael D. Hausfeld, Gordon Rausser, Gareth J. Macartney, Michael P. Lehmann and Sathya S. Gosselin

A chapter in The Law and Economics of Class Actions, 2014, vol. 26, pp 77-133 from Emerald Group Publishing Limited

Abstract: In class action antitrust litigation, the standards for acceptable economic analysis at class certification have continued to evolve. The most recent event in this evolution is the United States Supreme Court’s decision inComcast Corp. v. Behrend, 133 S. Ct. 1435 (2013). The evolution of pre-Comcastlaw on this topic is presented, theComcastdecision is thoroughly assessed, as are the standards for developing reliable economic analysis. This article explains how economic evidence of both antitrust liability and damages ought to be developed in light of the teachings ofComcast, and how liability evidence can be used by economists to support a finding of common impact for certification purposes. In addition, the article addresses how statistical techniques such as averaging, price-dispersion analysis, and multiple regressions have and should be employed to establish common proof of damages.

Keywords: Class actions; damages; common impact; class certification; multiple regression; antitrust; B40; K00; K41; K21; L00 (search for similar items in EconPapers)
Date: 2014
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Working Paper: ANTITRUST CLASS PROCEEDINGS - THEN AND NOW (2014)
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Persistent link: https://EconPapers.repec.org/RePEc:eme:rlwezz:s0193-589520140000026004

DOI: 10.1108/S0193-589520140000026004

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