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Wendy Bloom, Jun 25, 2008
Whether or not a court will certify an antitrust class action may well depend on the federal circuit in which the lawsuit is filed. In recent years, a trend toward increased scrutiny of plaintiffs class action allegations has emerged although a conflict among the circuits has developed over the degree of scrutiny courts should apply. With regard to antitrust class actions, this trend toward increased scrutiny of plaintiffs class action allegations translates into a recent willingness by many courts to seriously evaluate the merits of the economic theories relating to class certification advanced by expert economists for both plaintiffs and defendants. Subscribers can download the entire article available in the column on the left.