Certification turns on whether common evidence can establish impact to all or nearly all class members. Courts apply rigorous analysis to expert models at the certification stage and may resolve expert disputes.
Direct purchaser classes certify more readily than indirect.
Alternative Names:
Antitrust Class Action Certification|Cartel Class Certification
Why it Matters?
Impact rather than violation is the certification battleground, since conspiracy is typically provable on common evidence while whether each purchaser paid an overcharge requires an economic model, and models failing to establish impact for a meaningful portion of the class defeat predominance. Individually negotiated pricing is the most effective challenge, since it suggests purchaser-specific outcomes rather than a uniform overcharge.
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Frequently asked questions
What is the certification battleground?
What is the most effective challenge?
