The Antitrust Class Actions Landscape: What’s In and What’s Out in 2019
The antitrust law issues that made headlines in 2018 included the two-sided market analysis, merger challenges, and no-poach agreements. The most notable cases last year, such as enforcement actions against brand-name makers and technology patent licensing disputes, are expected to dominate 2019. Now is the time for companies to size up their readiness in addressing current and emerging antitrust class action trends. A robust antitrust compliance program is a must for 2019 and beyond.
In this LIVE Webcast, a panel of thought leaders and practitioners assembled by The Knowledge Group will discuss the significant and latest developments surrounding the antitrust class actions landscape. Moreover, they will provide an in-depth discussion of the court rulings and pending cases in 2018 as we’ll as their implications for 2019. While speakers will also offer best practices in developing and implementing an effective antitrust compliance program, they will also provide practical litigation strategies in bringing out the best in these lawsuits in a rapidly evolving legal climate.
In a LIVE Webcast, the speakers will discuss:
- Antitrust Class Actions
- Notable Cases in 2018
- Recent Court Rulings and Developments
- Key Legal and Economic Issues
- Trends in Pharma Class Actions
- Best Compliance Practices
- Practical Litigation Strategies
Quinn Emanuel Urquhart & Sullivan, LLP
- The Supreme Court’s recent decision in the American Express case is likely to create a substantial amount of litigation over what constitutes a two-sided market, and what is the proper way to address anticompetitive effects when/if a court finds that the defendants operate in a two-sided market.
- Another recent trend in class actions has been courts’ refusal to certify classes where the plaintiffs are unable to show that “all or substantially all” putative class members have been harmed by the alleged anticompetitive scheme. This has created some confusion as to the proper standard, but it has also created additional challenges for plaintiffs at the certification and merits stages.
- The recent Asacol decision from the First Circuit demonstrates the continuing, and ever-heightening, need for plaintiffs to consider the unique contours of the markets in which they allege anticompetitive conduct for class certification. There are market-specific factors (such as brand loyalists in the brand/generic pharmaceutical space) that may lurk in the background until class certification, defeating a request to certify.
- There has been a recent trend in cases with mega-classes that suggests at least some courts are leery of permitting antitrust claims that would lead to extremely high damages (in the multi-billions, or even trillions, of dollars). One example is the Second Circuit’s and subsequent SDNY’s decisions in the LIBOR cases, as well as some of the other financial market manipulation cases. This creates opportunities and challenges on each side of the v in such cases.
Info Tech, Inc
- Titanium dioxide, containerboard and other recent antitrust cases raise a very serious antitrust policy concern that firms in oligopoly markets will be able to increasingly achieve cooperative collusive outcomes through the legally sanctioned use of “oligopolistic interdependence.”
- The “all or nearly all” common impact standard is challenging the ability of Plaintiffs to bring price fixing cases, but such a standard can be met using a holistic approach that combines economic theory with statistical analyses.
- Pharma antitrust is still alive and well, but antitrust attorneys evaluating potential new pharma cases should carefully consider recent trends in such cases since the Supreme Court’s 2013 Actavis decision.
Adam Wolfson is a partner in Quinn Emanuel’s Los Angeles office whose practice focuses on both plaintiff and defense-side representations in high-stakes complex commercial and intellectual property disputes. Adam has extensive experience in all types of complex litigation, with a particular focus in cases involving antitrust law, class actions, unfair competition, trade secret misappropriation, and patent and copyright infringement.
Adam Wolfson is a partner in Quinn Emanuel’s Los Angeles office whose practice focuses on both plaintiff and defense-side representations …
Dr. Robert Kneuper is an Expert Economist at Info Tech, Inc. and has a Ph.D. in Applied Economics from Clemson University. Dr. Kneuper also serves as an adjunct professor at Charleston Southern University, where he teaches courses in managerial economics and corporate finance. Dr. Kneuper also has taught antitrust economics at Loyola University Chicago School of Law.
Dr. Kneuper spent over 10 years analyzing antitrust matters at the FTC where he worked extensively on a wide variety of antitrust matters. As a consultant, Dr. Kneuper has worked on numerous antitrust class action cases including price fixing cases and “pay for delay” cases.
Dr. Kneuper consults on a wide variety of applied economic and applied finance topics such as antitrust, damages, class certification, intellectual property, and regulation. His work spans a wide variety of industries including financial markets, health care, pharmaceuticals, insurance, energy, media, entertainment, transportation, real estate, internet, sports, gaming, aerospace, defense, waste collection, retail and consumer products.
Dr. Robert Kneuper is an Expert Economist at Info Tech, Inc. and has a Ph.D. in Applied Economics from Clemson …
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About Quinn Emanuel Urquhart & Sullivan, LLP
Quinn Emanuel is an 800-attorney business litigation firm with 22 offices around the globe, each devoted solely to business litigation and arbitration. With an 88% win rate at trial and arbitration, Quinn Emanuel has obtained over $60 billion for its clients when representing plaintiffs, and saved them multiples more in defense. The firm is consistently recognized among the best in the world, and has been named to the "Fearsome Foursome" (i.e., the four firms general counsel “view as the most fearsomely competent litigators and the ones they least wish to see on the other side of the table” five times).
About Info Tech, Inc
In 1977, professors, Dr. James T. McClave and Dr. Thomas P. Rothrock developed the first computerized methods for detecting collusive behavior in sealed bid markets through statistical and economic consulting services for the Florida Attorney General. Consequently, Info Tech ® became the pioneer in computerized techniques for detecting fraudulent business behavior in various industries.
The consulting business of Info Tech ® continues to provides expert testimony in the analysis of statistics, economics and econometrics in areas of antitrust, labor and employment discrimination and healthcare fraud among other litigation areas.
Led by President Dr. Jamie Baldwin and founder Dr. James T. McClave, the consulting business of Info Tech ® is nationally known for its unmatched ability to apply the scientific method to generate clear and professional services. Simple graphical depiction and concise explanation of complex concepts makes Info Tech ® Consulting work invaluable to clients.