The US Court of Appeals for the Sixth Circuit upholds a district court’s class certification alleging federal antitrust claims (Glazer / Whirlpool)

Earlier this year, the U.S. Supreme Court vacated and remanded the Sixth Circuit's decision in Whirlpool Corp. v. Glazer, 678 F.3d 409 (6th Cir. 2012), for further consideration in light of Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013) (Comcast). The Sixth Circuit has now issued a new ruling, finding that the front-load washing machine case was properly certified notwithstanding Comcast. See Slip op., Glazer v. Whirlpool Corp., No. 10-4188 (6th Cir. July 18, 2013). In Comcast, the Supreme Court reversed certification of a class alleging federal antitrust claims on the ground that the plaintiffs' damages theory did not fit their theory of liability, and “[q]uestions of individual damage calculations will inevitably overwhelm questions common to the class.” 133 S. Ct. at 1433. The Sixth