This analysis of several early cases brought under the AML shows that civil litigation is already beginning to impact business behavior. Lester Ross (WilmerHale)

This is the story, in Justice Ginsburg’s words, of an “attempt to transform a $500 case into a $5,000,000 award." Aidan Synnott, Paul, Weiss & Daniel Crane, Univ. of Michigan

Class certification proceedings were never intended to be used to decide the merits of an underlying factual dispute in the lawsuitâ€â€be it discrimination felt by class members in common, or impact from a price-fixing violation on a class of purchasers generally. Jay L. Himes &...

Given the somewhat schizophrenic, and uncertain, approach of the EU authorities to private damages actions in the competition arena, it will likely, in the short- to medium-term anyway, be left to national legal systems in the EU to decide to what extent, if any, they wish to promote collective...

Because Dukes lowers the bar to class certification in the Ninth Circuit, businesses that may be targeted by antitrust class actions should be prepared to face more litigation there, and should be sure to preserve important issues for potential Supreme Court review. Donald M. Falk, Archis A....

The methods recognized by U.S. courts and the European Commission underlying the procedural and quantitative tools and techniques for quantifying antitrust damages have more similarities than differences. Claire M. Korenblit (Sidley Austin)

The Supreme Court’s decision sets relatively clear limits on aspects of class certification that had become indistinct and thus improperly permissive. Donald M. Falk, Archis A. Parasharami, & Marcia E. Goodman (Mayer Brown)

Dukes is likely to have significant effect on the way antitrust class actions are litigated. William L. Monts III (Hogan Lovells)

That invitation will inevitably result in fewer class actions. Marcia McCormick (St. Louis Univ. School of Law)

Dukes did not address the requirement of predominanceâ€â€much less did it brighten the analysis or heighten the evidentiary standard by which predominance must be shown. Jay Himes & William Reiss (Labaton Sucharow LLP)