A New Approach to Regression Analysis and Antitrust Litigation
In an article to be published in the George Mason Law Review, President Pierre Cremieux, Analysis Group affiliate Professor Edward Snyder, and attorney Ian Simmons examine the value of regression analysis in proving common impact in antitrust litigation.
In "Proof of Common Impact in Antitrust Litigation: The Value of Regression Analysis," the authors propose a systematic approach to test the appropriateness of regression analysis as a common method of proof. Such a test is particularly relevant because of the diversity of recent decisions, from the en banc decision in Dukes v. Wal-Mart to affirm class certification based in part on proposed regression analyses, to the Hydrogen Peroxide decision to overturn class certification because the mere promise that regression analysis could be done was considered insufficient.
Regression methods may help isolate the potential effects of an alleged cartel from non-collusive factors. Of critical importance in antitrust litigation is the determination of the circumstances under which a regression analysis will yield a common proof, since this often determines whether a class will be allowed to proceed.