Courts examine whether the plaintiff's economic model reliably shows impact across the class. Circuits divide on the permissible proportion of uninjured members and on whether that question is resolved at certification.
Expert model reliability is examined rigorously.
Alternative Names:
Antitrust Predominance|Impact Predominance
Why it Matters?
The permissible proportion of uninjured members divides the circuits, with some treating any material number as fatal to predominance and others deferring the question, which makes forum a meaningful variable in aggregate antitrust exposure. Demonstrating through the plaintiff's own data that a substantial share of class members paid no overcharge is the most direct challenge and requires engaging an economist at certification.
Frequently Confused with
Related terms
Frequently asked questions
What divides the circuits?
What is the most direct challenge?
