Carl Shapiro and Aaron Edlin, along with Scott Hemphill and Herbert Hovenkamp, wrote an article about FTC v. Actavis, Inc. which appeared in the fall 2013 issue of Antitrust. The article identifies the essential features of the Supreme Court’s analysis and describes the elements of a plaintiff’s affirmative case, justifications that are ruled out by the Court’s logic, and a test for viable justifications. To read the article, click the link below.
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...