Defendants in Sherman Act Section 1 class action cases have historically faced a low likelihood of success in their attempts to defeat class certification, in part because courts often started from a presumption that all class members were harmed by price-fixing. Recent trends in recent judicial...

In recent cases, class action plaintiffs have sought to exclude statistical testing that can be useful for conducting the predominance inquiry required under the Federal Rules of Civil Procedure. The efforts to banish these methods are not only inconsistent with recent court decisions...

The recent Baidu Inc. decision provides insight into how Chinese courts might apply antitrust principles and assess evidence in private antitrust litigation in the future. As in the U.S., the Baidu court appears to have been interested in rigorous economic analysis of the antitrust allegations