The Antitrust Review of the Americas 2013

US: Private Antitrust Litigation

Supreme Court and appellate court decisions continue to shape the debate surrounding whether, and under what conditions, an antitrust case is amenable to class action treatment. Where once it might have been said antitrust cases were regularly and perhaps ‘too easily’ certified, the trend of decisions over the past two decades has been a nearly universal rising of the bar. In the modern era, antitrust class actions are subjected to ‘rigorous’ scrutiny complete with full discovery, sophisticated economic analysis and the requisite ‘battle of the experts’. Indeed, some courts have gone so far as to resolve hotly contested issues of fact, ordinarily reserved for a jury, in resolving the class certification issue.

Interested in becoming a GCR author? Please contact our Insight Manager.

Get in touch