In this issue:
-
Class Certification
Hydrogen Peroxide: The Crest of the Wave
Hydrogen Peroxide also offers some guidance on handling the ubiquitous battle of class action experts in antitrust cases.
Toward Judicial Realism: The Evolution of Rule 23
Eschewing a formulaic rubber-stamping of plaintiffs claims to meeting the Rule 23 requirements, courts now are likely to delve into merits evidence, as necessary, and to apply a preponderance of the evidence test to all of the Rule 23 factors.
Class Action Standards in Crisis: Whether Common Merits Questions Predominate Does Not Depend on the Questions’ Answers
Unfortunately, however, recent opinions have engendered widespread confusion and disagreement concerning how the new approach properly functions in the context of the most commonly disputed element of class certification analysis…
Controversial Mergers: HBOS-Lloyds TSB & Alitalia-AirOne
Merger Action Group v. Secretary of State for Business, Enterprise and Regulatory Reform
We first discuss the background to the HBOS-Lloyds TSB merger and the claim by MAG, followed by the CAT’s substantive conclusion. We then turn to the two more interesting aspects of the CAT’s decision: that the members of MAG had standing to bring the application; and that the appropriate forum of the proceedings was Scotland.
Alitalia – Government Interventionism, The Road to Recovery?
Unquestionably, the Italian government’s interventionism has prevented the collapse of Alitalia. However, is this the adequate road for recovery? Only time will tell.
Merger Action Group v. Secretary of State for BERR: External Control of the Scottish Economy, Merger Control and the Scottish ‘Ring-fence’: the LloydsTSB/HBOS Merger
The recent merger between Lloyds/TSB and HBOS has again raised concerns regarding the increase in external control of Scottish companies and also demonstrates many facets of the merger control system in the United Kingdom which was revised by the Enterprise Act 2002.
