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Supreme Court of the United States

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Antitrust Class Actions In The Wake Of Procedural Reform, Christine P. Bartholomew Oct 2022

Antitrust Class Actions In The Wake Of Procedural Reform, Christine P. Bartholomew

Indiana Law Journal

What is the current vitality of antitrust enforcement? Antitrust class actions—the primary mode of competition oversight—has weathered two decades of procedural reform. This Article documents the effects of those reforms. Relying on an original dataset of over 1300 antitrust class action settlements, this Article finds such cases alive but far from well. Certain suits do succeed on an impressive scale, returning billions of dollars to victims. But class action reform has made antitrust enforcement narrower, more time-consuming, and costlier than only a decade ago. And, as this Article’s sources reveal, new battle lines are forming. Across the political spectrum, people …


Tyson Foods, Inc. V. Bouaphakeo: The Use Of Statistical Evidence In Class Actions, Wenbo Zhang Feb 2016

Tyson Foods, Inc. V. Bouaphakeo: The Use Of Statistical Evidence In Class Actions, Wenbo Zhang

Duke Journal of Constitutional Law & Public Policy Sidebar

Statistical analysis potentially plays an important role in class-action litigation, but the use of such evidence is limited at the class-certification stage of such suits. This Commentary previews an upcoming Supreme Court case that deals with the question of whether inferential evidence may be used to certify a class in a class-action lawsuit. Because this case deals with a violation of a duty, imposed by statute, on the defendant, this Commentary argues that under existing precedent, inferential statistical evidence is appropriate for determining the question of class-certification.