The US Court of Appeals for the Ninth Circuit clarifies class certification standards in an antitrust appeal (Olean Wholesale Grocery / Bumble Bee Foods)

The Ninth Circuit approved use of statistical analysis that relies on averaging but reversed class certification because the district court failed to resolve whether more than a de minimis number of putative class members were injured. On April 6, 2021, in Olean Wholesale Grocery Coop. v. Bumble Bee Foods LLC, the U.S. Court of Appeals for the Ninth Circuit resolved several important class certification issues that had long been unsettled in the circuit. The case involved antitrust claims and thus is of particular interest to the antitrust bar and companies facing antitrust class actions. But the rulings will affect other class actions as well. Olean Wholesale and other

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David Kiernan, Craig E. Stewart, Darren K. Cottriel, Lin W. Kahn, Catherine T. Zeng, The US Court of Appeals for the Ninth Circuit clarifies class certification standards in an antitrust appeal (Olean Wholesale Grocery / Bumble Bee Foods), 6 April 2021, e-Competitions March 2021, Art. N° 100147

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