OnPoint Experts Address Evolving Class Certification Standards in Antitrust Magazine

OnPoint experts Gordon Rausser and Gareth Macartney co-authored an article featured in the Spring 2016 issue of Antitrust Magazine—an issue entirely devoted to class actions on the 50th anniversary of the 1966 amendments to Rule 23 of the Federal Rules of Civil Procedure, which governs class action cases in federal courts. The article, entitled “Economic Principles for Class Certification Analysis in Antitrust Cases,” explores how certification standards have become increasingly rigorous in class action litigation, particularly with recent landmark rulings in In re Hydrogen Peroxide Antitrust Litigation (2008), Wal-Mart Stores, Inc. v. Dukes (2011), and Comcast Corp. v. Behrend (2013). In the article, Dr. Rausser and Dr. Macartney address the methodological failures that dismantled class certification in these cases, the new certification standards created by each ruling, and economic principles to help distinguish between sound and unsound methodologies going forward.

Antitrust Magazine is the premier magazine devoted exclusively to antitrust and consumer protection law. It has a circulation of about 9,000, including all ABA Antitrust Section members in the United States and abroad, individual subscribers and libraries.

To read the article—and the rest of the Spring 2016 issue of Antitrust Magazineclick here (American Bar Association subscription required).