A Comprehensive Guide on Antitrust Class Certification: Hot Buttons Explored
Recording Available: Thursday, October 01, 2020
Class certification in antitrust litigation is becoming extremely challenging for plaintiffs and defendants alike. The unexpected shift in court proceedings brought by COVID-19 also added to the existing complexity of this lawsuit, emphasizing the need to be more non-complacent and always be on guard of changes.
To successfully address the arising challenges and risks, businesses and their legal counsel should be well-informed of the best compliance strategies and appropriate standards on each class certification analysis, especially when applied to antitrust injuries and damages.
Join antitrust experts Rainer Schwabe (Cornerstone Research) and David Kaplan (Berkeley Research Group, LLC) as they bring the audience to a road beyond the basics of antitrust class certification. Speakers will delve into an in-depth analysis of the most notable antitrust cases and court decisions. They will also provide the audience with practical strategies in bringing out the best in these proceedings in a rapidly evolving legal climate.
Some of the major topics that will be covered in this course are:
- Antitrust Class Certification: A 2020 Perspective
- Economic Analysis of Class Certification
- Notable Cases and Court Decisions
- Emerging Issues and Challenges
- Class Certification in Financial Markets and Two-Sided Markets
David Kaplan, Executive Director & Vice Chairman
Berkeley Research Group, LLC
- Certain Relevant Economic Issues to Investigate in Antitrust Class Action Matters
- Antitrust Impact or Injury
- Antitrust Damages
- Three Possible Economic Issues to Investigate
- Use of Averages
- Use of Averages Can Generate Misleading Results
- Averages and Pass-On
- Possibility of Benefits
- Benefits and Conflicts
- Some Issues Associated With Analyzing Two-Sided Markets
- How Might Two-Sided Market Relate to Impact and Damages
- Use of Averages
Rainer Schwabe, Principal
- Common impact and the “all or nearly all” standard
- Precedent on interpretation of “nearly all” – In re Rail Freight
- Empirical analysis – uninjured class members and false positives
- Who is uninjured?
- Analyzing data to identify uninjured class members – case studies
- The role of uninjured class members in the In re FOREX class certification decision
- Challenges relating to uninjured class members in recent antitrust class actions in financial markets (e.g., FOREX and LIBOR)
- The gap between episodic conduct such as trader communications and class-wide impact
Who Should Attend:
- Class Action Lawyers
- Antitrust Lawyers
- General Counsel
- Litigation Officers
- Top Level Management
David Kaplan is an executive director, vice chairman, and member of the Board of Managers at Berkeley Research Group. He specializes in antitrust economics (including matters related to claimed price fixing and monopolization by way of example), damage assessment in antitrust matters and in intellectual property matters (including those involving patents and trade secrets, among others), and the analysis of damage issues related to general commercial litigation (including issues related to valuation). He is experienced in analyzing economic issues in matters involving possible class certification, having submitted expert reports in over twenty such matters (including over fifteen related to antitrust issues). Mr. Kaplan has testified as an economic expert in federal and state courts (including more than five hearings related to possible class certification), before arbitration panels, and before regulatory agencies. He also has testified before Congress on antitrust and competitive policy issues.
Mr. Kaplan has served as a consultant to the Federal Trade Commission’s Bureau of Economics, Department of Justice, and Senate Judiciary Committee. He has published in the field of economics (including a book related to antitrust economics), taught business statistics in the MBA program at Johns Hopkins University for more than ten years (including the study of econometrics), and served as a lecturer in economics at George Mason University for ten years (primarily teaching microeconomics, including the study of market competition). He has lectured at Columbia University, George Washington University, and the University of Utah. Mr. Kaplan has submitted presentations concerning various economic issues before the American Bar Association, District of Columbia Bar, Conference Board, and Brookings Institution. He received an MA in economics from the George Washington University (in addition to a BA in economics) and a JD from the George Washington University National Law Center.
David Kaplan is an executive director, vice chairman, and member of the Board of Managers at Berkeley Research Group. He …
Rainer Schwabe consults on a variety of antitrust and competition cases, including matters related to allegations of price fixing, exclusionary practices, and mergers and acquisitions. He has analyzed alleged anticompetitive conduct in a number of industries, including finance, food and agriculture, healthcare, telecommunications, and transportation. Dr. Schwabe has managed large teams and supported experts and clients through all stages of litigation, including data production.
Dr. Schwabe has particular expertise with antitrust issues in financial markets, both in the context of class certification and liability and damages. He has analyzed alleged anticompetitive manipulation of asset prices, closing and benchmark prices, and bid-ask spreads in both over-the-counter and exchange settings. He has assisted major financial institutions in extracting, analyzing, and producing large transaction-level datasets.
Dr. Schwabe also has experience with matters at the intersection of antitrust and intellectual property. He has assisted experts in assessing the effect of proposed mergers on innovation, and in evaluating the competitive effects of licensing practices for standard essential patents.
Dr. Schwabe has published his research in leading academic journals, including the American Economic Review. His article, “Competition and Financial Inclusion: Evidence from Mexico,” published in 2019, was named Best Paper by a Junior Author for 2020 in the Review of Industrial Organization. Prior to joining Cornerstone Research, he served at the Mexican Central Bank, where he analyzed competition in retail financial services and financial regulation.
Rainer Schwabe consults on a variety of antitrust and competition cases, including matters related to allegations of price fixing, exclusionary …
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Method of Presentation:
General knowledge of antitrust laws
NY Category of CLE Credit:
Area of Professional Practice
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About Berkeley Research Group, LLC
Berkeley Research Group, LLC (BRG) is a global consulting firm that helps leading organizations advance in three key areas: disputes and investigations, corporate finance, and performance improvement and advisory. Headquartered in California with offices around the world, we are an integrated group of experts, industry leaders, academics, data scientists, and professionals working beyond borders and disciplines. We harness our collective expertise to deliver the inspired insights and practical strategies our clients need to stay ahead of what's next.
We have in-depth experience across a wide range of industries and markets, from construction and energy to technology and healthcare. No matter what sector your business is in, we have experienced professionals who understand the challenges you face—making us better equipped to help solve them.
The idea of Intelligence that works—delivering great ideas, ensuring that our recommendations are practically executable, and helping clients advance—drives all that we do, from the way we work with our clients to the way we operate internally.
About Cornerstone Research
For more than twenty-five years, Cornerstone Research staff have provided economic and financial analysis in all phases of commercial litigation and regulatory proceedings.
We work with a broad network of testifying experts, including prominent faculty and industry practitioners, in a distinctive collaboration. Our staff consultants contribute expertise in economics, finance, accounting, and marketing, as well as business acumen, familiarity with the litigation process, and a commitment to produce outstanding results. The experts with whom we work bring the specialized expertise of researchers or practitioners required to meet the demands of each assignment.
Cornerstone Research has seven hundred staff and offices in Boston, Chicago, London, Los Angeles, New York, San Francisco, Silicon Valley, and Washington.