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....

Why was one traditional, well established plus-factors pleading “plausible†and a very similar one “implausible� Chris Sagers (Cleveland State Univ.)

Minn-Chem v. Agrium is the latest in a long line of opinions reflecting courts’ suspicions of private plaintiff efforts to expand the scope of private antitrust enforcement. Max Huffman (Indiana Univ.)

Enforcement restraint is particularly appropriate in circumstances where the conduct at issue, insofar as Canada is concerned, was not illegal at all. Mark Katz & Erika Douglas (Davies, Ward)

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)

We discuss what lessons market participants and regulators might draw from ongoing disputes. Per Hellström & Thomas Kramler (DG Comp)