Antitrust Column & Publications

Certifying Settlement Classes

Date: 10/21/10

Source: The New York Law Journal. Reprinted with permission.

Several federal courts have grappled with the certification of classes for the purpose of settling antitrust cases: The full U.S. Court of Appeals for the Third Circuit will re-examine a panel decision upsetting a district court's certification of a nationwide settlement class to resolve state antitrust law claims alleging price-fixing in the diamond industry. One district court denied certification of an injunctive settlement class where changing market conditions reduced the possibility of continued harm to car buyers, while another district court preliminarily approved a class settlement with one of three defendants over the objection of the two nonsettling companies in an alleged packaged ice conspiracy suit.

Certifying_Settlement_Classes.pdf (pdf | 179.29 KB )