Books and journals Case studies Expert Briefings Open Access
Advanced search

Antitrust class proceedings – Then and now

Michael D. Hausfeld
Gordon C. Rausser
Gareth J. Macartney
Michael P. Lehmann
Sathya S. Gosselin

The Law and Economics of Class Actions

ISBN: 978-1-78350-951-5, eISBN: 978-1-78350-952-2

ISSN: 0193-5895

Publication date: 18 March 2014

Abstract

In class action antitrust litigation, the standards for acceptable economic analysis at class certification have continued to evolve. The most recent event in this evolution is the United States Supreme Court’s decision in Comcast Corp. v. Behrend, 133 S. Ct. 1435 (2013). The evolution of pre-Comcast law on this topic is presented, the Comcast decision is thoroughly assessed, as are the standards for developing reliable economic analysis. This article explains how economic evidence of both antitrust liability and damages ought to be developed in light of the teachings of Comcast, and how liability evidence can be used by economists to support a finding of common impact for certification purposes. In addition, the article addresses how statistical techniques such as averaging, price-dispersion analysis, and multiple regressions have and should be employed to establish common proof of damages.

Keywords

  • Class actions
  • Damages
  • Common impact
  • Class certification
  • Multiple regression
  • Antitrust
  • B40
  • K00
  • K41
  • K21
  • L00

Citation

Hausfeld, M.D., Rausser, G.C., Macartney, G.J., Lehmann, M.P. and Gosselin, S.S. (2014), "Antitrust class proceedings – Then and now", The Law and Economics of Class Actions (Research in Law and Economics, Vol. 26), Emerald Group Publishing Limited, pp. 77-133. https://doi.org/10.1108/S0193-589520140000026004

Download as .RIS

Publisher

:

Emerald Group Publishing Limited

Copyright © 2014 Emerald Group Publishing Limited

Please note you do not have access to teaching notes

You may be able to access teaching notes by logging in via Shibboleth, Open Athens or with your Emerald account.
Login
If you think you should have access to this content, click the button to contact our support team.
Contact us

To read the full version of this content please select one of the options below

You may be able to access this content by logging in via Shibboleth, Open Athens or with your Emerald account.
Login
If you think you should have access to this content, click the button to contact our support team.
Contact us
Emerald Publishing
  • Opens in new window
  • Opens in new window
  • Opens in new window
  • Opens in new window
© 2021 Emerald Publishing Limited

Services

  • Authors Opens in new window
  • Editors Opens in new window
  • Librarians Opens in new window
  • Researchers Opens in new window
  • Reviewers Opens in new window

About

  • About Emerald Opens in new window
  • Working for Emerald Opens in new window
  • Contact us Opens in new window
  • Publication sitemap

Policies and information

  • Privacy notice
  • Site policies
  • Modern Slavery Act Opens in new window
  • Chair of Trustees governance statement Opens in new window
  • COVID-19 policy Opens in new window
Manage cookies

We’re listening — tell us what you think

  • Something didn’t work…

    Report bugs here

  • All feedback is valuable

    Please share your general feedback

  • Member of Emerald Engage?

    You can join in the discussion by joining the community or logging in here.
    You can also find out more about Emerald Engage.

Join us on our journey

  • Platform update page

    Visit emeraldpublishing.com/platformupdate to discover the latest news and updates

  • Questions & More Information

    Answers to the most commonly asked questions here