James Langenfeld
Managing Director | Berkeley Research Group, LLC
James A. Keyte
Director of Global Development | The Brattle Group, Inc.
Sarah R. LaFreniere
Partner | Hausfeld
William J. Kolasky
Partner | Hughes Hubbard & Reed LLPThe Impact of Recent Class Certification Decisions in Antitrust Litigation | On-Demand Webinar
Broadcast Date: Tuesday, May 30, 2023 from 3:00 pm to 4:30 pm (ET)
Over the past three years, leaders of US antitrust agencies have been driving antitrust enforcement into the public consciousness. While fewer antitrust actions were filed in 2022, of the number of private antitrust class actions growing out of criminal and civil investigations conducted by the two agencies is likely to increase over the next few years. It may also reshape the way courts view these private antitrust class actions, and whether they are more likely to deny motions to dismiss and to more inclined to grant class certification is up for debate. The potential damages in many of these cases run into the hundreds of millions, some a billion dollars or more.
To help you and your clients understand where we are and stay ahead of the curve, this webinar will examine recent decisions in antitrust class actions, such as the Ninth Circuit’s en banc decision last fall granting class certification in Olean Wholesalers v. Bumblebee. The speakers will identify key issues and emerging trends and will suggest strategies for addressing them.
Join a panel of experienced antitrust lawyers and economists for a lively discussion reflecting both plaintiff and defendant points of view.
Key Topics:
- What lessons to take away from the Ninth Circuit decision in Olean Wholesalers
- How courts are now treating the use of regression models to prove classwide impact
- How to use Daubert motions effectively on class certification
- Emerging issues on the scope of discovery in antitrust class actions
Agenda:
James Langenfeld, Managing Director, Berkeley Research Group, LLC
- Class certification is a make or break step in most antitrust class actions. If the class is not certified, then the case is usually dropped. Certifying a class typically results in substantial settlement payments.to the plaintiffs.
- Courts have found economic analyses, such as regressions, are critical for estimating damages and identifying whether substantially all class members were affected by the alleged antitrust conspiracy.
- The recent En Banc 9th Circuit decision in Olean Wholesalers v. Bumblebee discusses in detail the economic experts’ analyses supporting and challenging class certification, and explains which analyses it considered most reliable.
- There are clear lessons to be learned for both attorneys and economists from studying the En Banc Olean and other recent antitrust certification decisions.
James A. Keyte, Director of Global Development, The Brattle Group, Inc.
- Class Issues: Averaging and the But For World (BFW)
- Averages: Extreme Positions On Either Side Won’t Work
- Averaging– Where the Battles Are Won and Lost
- Class and The BFW: Fundamental But Not Always Clear
Sarah R. LaFreniere, Partner, Hausfeld
- The Daubert/Frye Test for Expert Testimony
- A Gatekeeping Function
- Circuits Differ on Application of Daubert at Class Certification Stage
- Importance of Daubert Challenges to Litigants
William J. Kolasky, Partner, Hughes Hubbard & Reed LLP
- Discovery from Absent Class Members
- Issues on which Discovery from Absent Class Members May be Necessary
- Downstream Discovery
Who Should Attend:
- Antitrust Lawyers and Consultants
- Corporate Lawyers
- M&A Lawyers
- Compliance & Risk Executives
- General/In-house Counsel
CLE Credit:
Course Level: Intermediate
Advance Preparation: Print and review course materials
Method of Presentation: On-Demand Webinar
Prerequisite: General knowledge of antitrust class certification
Course Code: 1410487
NY Category of CLE Credit: Areas of Professional Practice
Total Credits: 1.5 CLE