Private Enforcement of Antitrust Law in the United States
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Private Enforcement of Antitrust Law in the United States

A Handbook

Edited by Albert A. Foer and Randy M. Stutz

Private Enforcement of Antitrust Law in the United States is a comprehensive Handbook, providing a detailed, step-by-step examination of the private enforcement process, as illuminated by many of the country’s leading practitioners, experts, and scholars.
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Chapter 5: Class Actions

J. Douglas Richards, Michael B. Eisenkraft and Abigail E. Shafroth


J. Douglas Richards,1 Michael B. Eisenkraft,2 and Abigail E. Shafroth3 § 5.01 § 5.02 § 5.03 § 5.04 § 5.05 § 5.06 Introduction Consolidation of cases: The Judicial Panel and CAFA Common case leadership Common claim resolution What is an antitrust class action? What is required for a putative class to be certified under Rule 23? 5.06.1 Class actions principally seeking damages 5.06.1(a) Requirements embodied in Rule 23 5.06.1(a)(1) Numerosity 5.06.1(a)(2) Commonality 5.06.1(a)(3) Typicality 5.06.1(a)(4) Adequacy of representation 5.06.1(a)(5) Predominance 5.06.1(a)(6) Superiority 5.06.1(b) “Standing” requirements over and above those of Rule 23? 5.06.2 Class actions principally seeking equitable or declaratory relief § 5.07 How is the class certification decision made? § 5.08 Which issues are resolved in a class action? § 5.09 How do class actions and arbitration interact in antitrust cases? 5.09.1 Background regarding arbitration and antitrust 5.09.2 The emergence of arbitration agreements as a shield against class proceedings 5.09.3 Stolt-Nielson and agreements that are “silent” as to class arbitration 5.09.4 Concepcion and the road ahead 1 J. Douglas Richards joined Cohen Milstein Sellers & Toll PLLC (Cohen Milstein) as the managing partner of its New York office in 2009. Prior to joining Cohen Milstein, he specialized in antitrust class actions for approximately 10 years as a partner at two other leading plaintiffs’ class action firms, the Pomerantz firm and Milberg Weiss. Views expressed in this chapter are those of Mr. Richards, Mr. Eisenkraft, and Ms. Shafroth, and not necessarily those of Cohen...

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