In this article, Steve Salop reviews the formulation and evolution of the Philadelphia National Bank rebuttable presumption through the lens of economic decision theory, including the role played by advances in economic analysis. The article also sketches out the prospects for further evolution and suggests a number of non-market share structural factors that might form the basis of rebuttable evidentiary presumptions. 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...