Antitrust
5 articles tagged with "Antitrust".
The Eighth Circuit Just Became the Ultimate Safe Harbor for Mega-Settlements
The Eighth Circuit’s Billion-Dollar August Class action objectors hoping to blow up multi-billion-dollar deals just hit a brick wall in the Midwest. In a stunning eight-day span this August, the U.S. Court of Appeals for the Eighth Circuit delivered ...
The Seventh Circuit’s Surgical Rule 23(f) Grant in the Elite Universities Case is a Wake-Up Call for Class Certification Experts
The End of the "Battle of the Experts" Deferral at Class Certification For years, plaintiffs’ counsel in complex antitrust class actions have relied on a comfortable, albeit flawed, procedural crutch at the class certification stage: presenting a cre...
Algorithmic Price-Fixing and the Circuit Split: Why the Third Circuit's Atlantic City Casino Revival Changes the Game for AI Antitrust Litigation
The Defense Bar’s AI Shield Just Cracked For the past few years, corporate defendants facing antitrust class actions over algorithmic pricing software have relied on a comfortable, formalistic defense: We didn’t talk to our competitors; we just bough...
Algorithmic Collusion Hits a Circuit Split: Third Circuit Revives AI Price-Fixing Class Action
The End of the Smoke-Filled Room For decades, antitrust litigators hunting for Section 1 Sherman Act violations have looked for the proverbial smoke-filled room—emails, recorded calls, or secret meetings where competitors agreed to fix prices. But wh...
Circuit Roulette: The 2026 Appellate Divide on Mega-Settlements and Algorithmic Antitrust
The Death of the Uniform Federal Class Action If you are a litigator operating under the assumption that Federal Rule of Civil Procedure 23 means the same thing in Chicago as it does in St. Louis, 2026 is delivering a brutal wake-up call. A flurry of...
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