President and CEO Martha Samuelson Participates on Class Action Panel at NYSBA Antitrust Meeting
February 07, 2014
President and CEO Martha Samuelson participated in a panel discussion at the New York State Bar Association's Annual Antitrust Law Section Meeting in New York, New York, on January 30, 2014. The session, "Antitrust Class Actions -- Where Are We? A 360 Degree Perspective," featured perspectives from plaintiff and defense attorneys and economists, as well as a district judge.
Ms. Samuelson presented on class certification and common methods of proof as part of her remarks, which explored the economic evidence required to certify a class in antitrust matters before and after the decision in Behrend et al. v. Comcast Corporation. Ms. Samuelson noted that, after the Comcast ruling, damages theories must be directly tied to a viable liability theory, which requires damages models to be able to isolate the effect on prices of the at-issue conduct. Merits must therefore be focused on at the class certification phase. "In order to establish such damages theories," said Ms. Samuelson, "economists may now offer evidence on questions such as industry structure, concentration, substitutes, and the ability to effectively collude at the class certification phase."
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