Antitrust Class Certification: Recent Trends, Developments and Updates in 2019
Over the years, the standards for class certification in antitrust cases that determine plaintiffs’ and defendants’ strategies, has continuously evolved. Recent decisions and court rulings has created far-reaching consequences and implications on the guidelines and provisions of granting or denying class certification motions.
Thus, it is essential to be in the know of current and emerging state and federal antitrust class certification rules and provisions to obviate the likelihood of non-compliance hurdles.
In this LIVE Webcast, a seasoned panel of thought leaders and professionals brought together by The Knowledge Group will provide and present to the audience an in-depth analysis of the fundamentals as well as recent developments surrounding the Antitrust Class Certification landscape in 2019. Speakers will also offer helpful insights and strategies in coping and staying compliant with existing legal and regulatory trends.
Key issues that will be covered in this course are:
- Antitrust Class Certification: A 2019 Perspective
- Legal and Regulatory Standpoint
- Recent Trends, Developments, and Updates
- Most Notable Court Rulings
- Standards for Class Certification
- Key Compliance Guidelines
Phillip Johnson, Managing Partner
- Product quality, price points, and impact on indirect purchasers
- Establishing pass-through of component overcharges into finished products
- Illinois brick and incentives for private antitrust enforcement
Natalie A. Fleming Nolen, Partner
Morrison & Foerster LLP
- Unique issues with arbitration clauses in antitrust class actions
- Ascertainability issues in antitrust class actions
- The impact of individualized issues in plaintiffs’ proposed but-for world on class certification
Sean Durkin, Vice President
Charles River Associates
- Should putative classes be certified when they likely consist of unharmed members?
- Are estimates of the average pass-through of costs sufficient to establish common impact for indirect purchaser classes?
- Are putative classes the efficient enforcers under the economic logic of Illinois Brick?
Philip Johnson: An expert with extensive experience in the complex and sophisticated analyses required for antitrust, class action, and intellectual property matters. Over the 19 years worked as a consultant and expert for economic issues in litigation, Dr. Johnson has testified regarding price fixing, monopolization, patent misuse, patent infringement, reasonable royalties, lost profits, and other analyses of complex data. He has analyzed class certification issues and damages in major antitrust cases, including High Tech Employees, Lithium Ion Batteries, TFT-LCD, and CRT. His expertise in complex data analysis and class issues extends to employment matters. His work has encompassed a wide range of industries including various consumer goods, biotechnology, computer software, and computer hardware.
Philip Johnson: An expert with extensive experience in the complex and sophisticated analyses required for antitrust, class action, and intellectual …
Natalie Fleming Nolen is a partner in the Litigation Department of Morrison & Foerster’s Washington D.C. office. She is a trial lawyer who focuses on complex civil litigation with an emphasis on antitrust litigation and financial services litigation. Recent representative matters include the defense of a financial institution in a large multi-district antitrust litigation; representation of clients in complex antitrust arbitrations; defense of a client in a large multi-district cartel litigation; representation of clients before federal agencies, such as the Consumer Financial Protection Bureau and the Federal Trade Commission; and consumer class actions alleging breaches of contract and violation of the Truth in Lending Act.
Ms. Fleming Nolen has strived to increase diversity in the legal profession, including mentoring young lawyers, being actively involved in recruiting efforts and being a member of firm committees and affinity groups. For her efforts, Ms. Fleming Nolen was named an NALP Diversity Champion in 2010.
Natalie Fleming Nolen is a partner in the Litigation Department of Morrison & Foerster’s Washington D.C. office. She is a …
Sean Durkin is a Vice President in the Antitrust & Competition Economics Practice of Charles River Associates. He specializes in antitrust economics, damage analysis, econometrics, microeconomics, and international economics. Dr. Durkin has served as a testifying expert on damages, liability, and class certification in antitrust, patent, and unfair competition cases. He has testified in federal and state court and before the International Trade Commission. Dr. Durkin also has extensive consulting experience on both competitor and class action cases involving a wide range of antitrust issues, including collusion, bundling/tying, exclusive dealing, and predatory pricing, and he has consulted on a variety of merger cases for government agencies in the US and Canada and also for merging parties in both horizontal and vertical mergers.
Dr. Durkin is a Lecturer at the Harris Graduate School of Public Policy Studies at the University of Chicago where he teaches a course on competition policy and previously taught at the University’s Booth School of Business. He also taught at Wayne State University.
Sean Durkin is a Vice President in the Antitrust & Competition Economics Practice of Charles River Associates. He specializes in …
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Method Of Presentation:
General knowledge of antitrust laws
NY Category of CLE Credit:
Areas of Professional Practice
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With approximately 1,000 lawyers in 16 offices, Morrison & Foerster is a preeminent global law firm dedicated to delivering business-oriented results to clients across the United States, Europe and Asia. Dynamic technology and life science companies, large financial institutions, leading consumer product companies and other market leaders come to MoFo for knowledge, innovation and business aptitude. MoFo handles some of the world’s largest crossborder transactions and resolves major disputes across multiple jurisdictions. The firm has a long-standing commitment to pro bono work and social justice.
About Charles River Associates
Charles River Associates is a leading global consulting firm that offers economic, financial, and strategic expertise to major law firms, corporations, accounting firms, and governments around the world.
With proven skills in complex cases and exceptional strength in analytics, CRA consultants have provided astute guidance to clients in thousands of successful engagements. We offer litigation and regulatory support, business strategy and planning, market and demand forecasting, policy analysis, and risk management consulting services.
Our success stems from the outstanding capabilities of our consultants, many of whom are recognized as experts in their respective fields; our close relationships with a select group of respected academic and industry experts; and from a corporate philosophy that stresses interdisciplinary collaboration and responsive service.
Headquartered in Boston, the firm has offices throughout the world.