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Yeazell, Ruth Bernard

doi:10.1111/j.1467-9736.2011.00709.x

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The Early History Of Rule 231

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2014

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“…5 In the mid-19th century, the United States Supreme Court, borrowing from principles embodied in the bill of peace, created Federal Equity Rule 48 and with it "group representative litigation." 6 Equity Rule 48 provided, in relevant part:…”

Section: The Early History Of Rule 23mentioning

confidence: 99%

Antitrust class proceedings – Then and now

Hausfeld¹,

Rausser²,

Macartney³

et al. 2014

The Law and Economics of Class Actions

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In class action antitrust litigation, the standards for acceptable economic analysis at class certification have continued to evolve. The most recent event in this evolution is the United States Supreme Court's decision in Comcast Corp. v. Behrend, 133 S. Ct. 1435. The evolution of pre-Comcast law on this topic is presented, the Comcast decision is thoroughly assessed, as are the standards for developing reliable economic analysis. This article explains how economic evidence of both antitrust liability and damages ought to be developed in light of the teachings of Comcast, and how liability evidence can be used by economists to support a finding of common impact for certification purposes. In addition, the article addresses how statistical techniques such as averaging, price-dispersion analysis, and multiple regressions have and should be employed to establish common proof of damages.

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Section: The Early History Of Rule 23mentioning

confidence: 99%