The US Court of Appeals for the Third Circuit recently concluded in In re Lamictal Direct Purchaser Antitrust Litigation that a district court’s reliance on average prices to determine class-wide impact was insufficient. Instead, courts must conduct a rigorous analysis of the facts, evidence and expert testimony at the class certification stage of litigation.
Third Circuit: “Rigorous Analysis” Required for Class Certification in Antitrust Cases
Posted In Private Litigation
Lisa P. RuminLisa P. Rumin focuses her practice on antitrust, regulatory and litigation matters. She assists clients across a variety of industries and has represented numerous clients in the healthcare, pharmaceutical, and biotechnology industries. Lisa advises clients on mergers and acquisitions, including obtaining clearance from the Federal Trade Commission (FTC) and Department of Justice (DOJ), as well as counsels clients on issues regarding antitrust compliance, pricing, and distribution. Read Lisa Rumin's full bio here.
Nicole CastleNicole L. Castle provides legal counsel on complex civil and criminal antitrust litigation. She regularly represents clients in complex, multidistrict class action antitrust litigation alleging Sherman Act violations. She also defends mergers and acquisitions before the US Department of Justice (DOJ) and Federal Trade Commission (FTC). Nicole counsels clients on strategies for addressing cartel prosecutions and defenses, from the inception of government investigations to the initiation of civil class action litigation. Read Nicole L. Castle's full bio.
Stephen WuStephen Wu has nearly 25 years’ experience in defending antitrust litigation in federal courts around the country, defending mergers and acquisitions before the Federal Trade Commission (FTC), the United States Department of Justice (DOJ) Antitrust Division and State Attorneys General and counseling clients on antitrust compliance issues. Read Stephen Wu's full bio.
Related Posts
- Obtaining Class Certification in the United States
- THE LATEST: Class Certification Denied – Indirect Purchases Fail to Substantiate Link between Higher Input Costs and Higher Product Prices
- THE LATEST: Court Nixes Indirect Purchaser Claims for Lack of Standing
- Third Circuit Remands Class Certification Ruling in Blood Reagents Price-Fixing Case
- Sixth Circuit Vacates Class Certification in Detroit Nurses Antitrust Case
BLOG EDITORS
STAY CONNECTED
TOPICS
ARCHIVES
RECENT POSTS
- What a Second Trump Term Means for Antitrust Enforcement
- Understanding How the New HSR Regime Impacts Your Business
- New Premerger Notification Regime to Fundamentally Change M&A Strategy
- Game-Changing Ruling Looms in Google Antitrust Battle
- Illumina/GRAIL: European Court of Justice Annuls the Commission’s Approach
