Tag: Litigation
Unforeseen Risks of Disclosure in Leniency Programs
Laura Atlee, Dec 13, 2011
When prosecuting cartel infringements, the European Commission (the "Commission") most often builds its case on the basis of corporate leniency...
Getting Exclusion Cases Right: Intel and Beyond
Timothy Brennan, Dec 13, 2011
The continuing fire over how to assess the competitive effects of single-firm conduct received yet more gasoline in the wake...
Recovery in the U.S. for Price Fixing Abroad: The Future of...
Alicia Batts, Keith Butler, Nov 16, 2011
As global economic trade has increased, so has the number of price-fixing plaintiffs who have sought recovery in...
A Trip Around the Cartel Victims Remedy Buffet
Kent Bernard, Nov 16, 2011
The debate about whether the European Union should adopt a community-wide system to compensate victims of illegal cartel activityx has...
Oops, They Did it Again: What We Didn’t Learn From U.S....
Larry Downes, Oct 31, 2011
On Aug 31, 2011, the Department of Justice, joined later by seven state attorneys general filed suit to block AT&T's...
Design and Implementation of Screens and Their Use by Defendants
Rosa Abrantes-Metz, Sep 28, 2011
Over the last few years, economic analysis in general, and empirical screens in particular, have become increasingly important in cases...
Wal-Mart Stores, Inc. v. Dukes: Supreme Court Clarifies Commonality Analysis for...
Donald Falk, Marcia Goodman, Archis Parasharami, Aug 16, 2011
Last year we reported on the en banc Ninth Circuit's pathbreakingly broad decision affirming the certification...
Duking It Out in Antitrust Price-Fixing: Class Actions After Dukes
Jay Himes, William Reiss, Aug 15, 2011
In Wal-Mart Stores, Inc. v. Dukes, the United States Supreme Court rejected class certification in a gargantuan gender...
Implausible Wrongs and Dissimilarities: The Supreme Court Continues Its Anti-Litigation Trend,...
Marcia McCormick, Aug 15, 2011
The Supreme Court's decision this term in Wal-Mart v. Dukes, has broad implications for the future of class actions, particularly...
Implications of Wal-Mart v. Dukes for Federal Antitrust Class Actions
William Michael, Aidan Synnott, Aug 15, 2011
On June 20, 2011, the United States Supreme Court ruled that "one of the most expansive class actions...