Trends and Developments on Antitrust Class Certification: Legal and Economic Issues Explored
Today's legal landscape presents a higher degree of complexity and challenges for antitrust class action certifications. Several legal and economic issues that require crucial understanding and analysis of the law pose risks for businesses and practitioners alike. Furthermore, with the recent decisions and ongoing court cases constantly shifting the process, it is becoming more imperative for companies and their counsel to be conversant with the latest trends and developments in class certification rules and provisions.
In this LIVE Webcast, a seasoned panel of thought leaders and professionals brought together by The Knowledge Group will provide an in-depth analysis of the recent trends and developments on antitrust class certification. Speakers will also offer best practices to help practitioners amid the changing legal landscape.
Some of the major topics that will be covered in this course are:
- Antitrust Class Certification: Recent Trends and Developments
- Legal and Economic Issues
- Notable Cases and Decisions
- Compliance Tips and Strategies
- What Lies Ahead
Kenina Lee, Attorney
Axinn, Veltrop & Harkrider LLP
- Class Action Basics (Rule 23(a) and Predominance under Rule 23(b))
- Limiting Certification Classes Containing Uninjured Class Members: Review of Recent Cases (In re Asacol Antitrust Litigation, In re Rail Freight, In re: Lamictal Direct Purchaser Antitrust Litigation)
- Use of Classwide Averages after Lamictal
Craig Benson, Partner
Paul, Weiss, Rifkind, Wharton & Garrison LLP
- Comcast: Perils Where Damages Models Do Not Align with Liability Theories
- Background on the Comcast Case
- Court Findings
- Significance and Implications
- Rail Freight: A Review of Impact and Predominance One Year Later
- Historical Background
- Legal Precedents and the Circuit Split
- Significance of Rail Freight Going Forward
- Hyundai II: The Predominance Standard Applied to Settlement versus Litigation Classes
- Introduction and Background
- Court Findings and Effect
Anne Gron, Managing Director
- The role of the but-for analysis in calculating economic damages
- The role of the but-for analysis in identifying uninjured class members
- Economic analysis that informs the use of averages
Sophie Meadows, Managing Principal
- Economic Issues in Indirect Purchaser Class Actions
- Case Studies of Economic Analysis in End-Payer Cases
- In re Asacol Antitrust Litigation
- In re Intuniv Antitrust Litigation
Who Should Attend:
- Antitrust Lawyers
- Class Action Lawyers
- General Counsel
- Compliance Managers
- Top Level Management
Sophie Meadows is a professional economist with extensive experience providing economic research and data analyses for clients. Ms. Meadows specializes in developing economic and statistical models to provide rigorous analysis in complex antitrust class actions and commercial litigation. In the area of antitrust, Ms. Meadows has worked on a variety of matters analyzing class certification, liability, and damages issues resulting from monopolization, price-fixing, and other exclusionary conduct. She has provided support to clients on issues related to the economics of class certification for both direct and indirect purchaser classes, processing and managing large data from multiple sources and applying rigorous statistical analysis to assess class-wide issues.
Sophie Meadows is a professional economist with extensive experience providing economic research and data analyses for clients. Ms. Meadows specializes …
Kenina Lee is an antitrust associate in Axinn’s Washington, DC office. Kenina litigates major class action and multi-district antitrust litigation cases in federal courts throughout the United States. She also provides antitrust counseling and represents clients before the Federal Trade Commission (FTC) and Department of Justice (DOJ).
Prior to joining the firm, Kenina worked in both the Anticompetitive Practices and Mergers I division at the Federal Trade Commission as a legal extern and law clerk. At the FTC, she aided in merger investigations in the pharmaceutical and medical data-analytics industries.
Kenina Lee is an antitrust associate in Axinn’s Washington, DC office. Kenina litigates major class action and multi-district antitrust litigation …
Dr. Anne Gron provides expert economic analysis and testimony in the context of antitrust disputes, complex commercial litigation, government and regulatory investigations, class actions, and damages estimation. She has testified and consulted on class certification in matters alleging price fixing, collusion, monopolization, and breach of contract in the context of commodity markets, financial benchmarks, insurance claims settlements, and insurance contracts. She has advised clients in matters involving insurance regulators, federal regulators (the US Securities and Exchange Commission, and the US Department of Justice), and corporate boards. She has testified in state and federal court proceedings and in state regulatory proceedings at deposition and at trial. Dr. Gron has had a distinguished academic career, and her research has been published in leading peer-reviewed economics and finance journals. She holds a PhD in economics from the Massachusetts Institute of Technology and a BA in economics (with Honors) and computer science, magna cum laude, from Williams College.
Dr. Anne Gron provides expert economic analysis and testimony in the context of antitrust disputes, complex commercial litigation, government and …
A partner in the Litigation Department, Craig Benson focuses his practice on trial work in the areas of antitrust, product liability, intellectual property and major commercial disputes. Craig’s experience has involved representing clients before federal and state courts, regulatory agencies, and arbitrators, in industries including financial services, pharmaceuticals and biotechnology, electronics, automotive, chemicals, oil and gas, tobacco, and hospitality. He also has significant experience in class action defense. Craig is Co-Chair of the Firm’s Professional Development and Training Committee and a hiring partner for the Firm’s Washington office.
Craig’s pro bono practice spans the areas of political asylum and immigration, reproductive freedom, disability benefits, and civil rights for members of the LGBT community and those living with HIV. He was also part of the Paul, Weiss team that represented Edie Windsor in the historic litigation that resulted in the Supreme Court declaring the Defense of Marriage Act unconstitutional.
A partner in the Litigation Department, Craig Benson focuses his practice on trial work in the areas of antitrust, product …
Print and review course materials
Method of Presentation:
General knowledge of antitrust class action
NY Category of CLE Credit:
Areas of Professional Practice
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About Edgeworth Economics
Edgeworth Economics is an economic and quantitative consulting ﬁrm that provides economic analysis and expert testimony for clients facing complex litigation, regulatory, and other challenges involving antitrust, class certification, intellectual property, and labor and employment. Edgeworth’s expert economists, statisticians, data analysts, and other professionals assist clients with innovative solutions rooted in the rigorous application of economic principles and hard data. Organizations including leading law ﬁrms, Fortune 500 companies, and government agencies rely on Edgeworth Economics to help them navigate through their most critical legal disputes and other challenges.
About Axinn, Veltrop & Harkrider LLP
Axinn combines the skills, experience and dedication of the world's largest firms with the focus, responsiveness, efficiency and attention to client needs of the best boutiques. The firm was established in the late 1990s by lawyers from premier Wall Street firms with a common vision: provide the highest level of service and strategic acumen in antitrust, intellectual property and high-stakes litigation. Axinn’s lawyers have served as lead or co-lead counsel on nearly half a trillion dollars in transactions and, in the last 10 years alone, have handled more than 250 litigations.
About AlixPartners, LLP
AlixPartners is a global consulting firm that specializes in helping businesses successfully address their most complex and critical challenges. Our Economics Practice assists clients in complex antitrust litigation and merger review by combining state-of-the-art economics tools with industry and subject matter expertise. Our experts have worked on a series of high-profile, class action matters addressing common impact, liability, and antitrust damages. Using a variety of economic and statistical approaches, we study issues of overcharge, pass-through, and damages to both direct and indirect purchasers. Our capabilities were recently enhanced by the acquisition of Matrix Economics, creating a best-in-class antitrust and competition offering for clients globally.
About Paul, Weiss, Rifkind, Wharton & Garrison LLP
Paul, Weiss, Rifkind, Wharton & Garrison LLP is a firm of more than 1,000 lawyers with diverse backgrounds, personalities, ideas and interests who provide innovative and effective solutions to our clients’ most complex legal and business challenges. The firm represents some of the world’s largest publicly and privately held corporations, financial institutions and asset managers, and clients needing pro bono assistance.
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