The US Supreme Court confirms that courts must conduct a rigorous analysis to determine whether antitrust class action plaintiffs meet the requirements for class certification (Comcast)

The U.S. Supreme Court has reaffirmed that courts must conduct a "rigorous analysis" to determine whether antitrust class action plaintiffs meet the requirements for class certification, even when that requires inquiry into the merits of the underlying claims, and individual issues of damages may preclude class certification. The recent decision in Comcast Corp. v. Behrend, No. 11-864 (U.S. Mar. 27, 2013), affirms that plaintiffs must prove that damages for the class as certified are in fact capable of proof on a class-wide basis. Background Comcast provides cable services to businesses and residences. Starting in 1998, Comcast began efforts to increase its market share of cable television services in the Philadelphia Designated Market Area ("Philadelphia DMA"). One of these efforts

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  • Jones Day (Los Angeles)
  • Jones Day (Washington DC)
  • Jones Day (Chicago)

Quotation

Jeffrey A. LeVee, John M. Majoras, Paula W. Render, The US Supreme Court confirms that courts must conduct a rigorous analysis to determine whether antitrust class action plaintiffs meet the requirements for class certification (Comcast), 27 March 2013, e-Competitions Bulletin March 2013, Art. N° 51645

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