In a class action alleging monopolization and conspiracy to allocate customers and geographic markets among medical waste services providers, CRA staff was retained by counsel for one of the defendants to analyze economic issues related to class certification. CRA’s expert demonstrated that the effect of defendants’ alleged actions depended on multiple factors unique to each customer and each claim, including the customer’s location, the type and volume of waste, and other customer-specific factors. As such, assessing the impact of the defendants’ alleged behavior would require investigation into the individual circumstances for each class member. This work was cited by the court in its decision not to certify the class.
An economic interpretation of Rule 23(b)(3) for antitrust classes
In this article, CRA’s Sean Durkin explains the economic incentives behind class definitions in antitrust cases and why those incentives can lead to classes...