Class Certification and Economic “Argle Bargle”

Navigant authors Law360 article

Navigant economist Jonathan Tomlin discusses the challenges the courts face in evaluating complex economic analysis and interpreting technical terms in antitrust class actions. 

In recent antitrust class actions, courts have interpreted a finding of high price correlations inconsistently. The array of judicial assessments of this relatively simple statistical concept demonstrates the inherent uncertainty in future class certification decisions as courts continue to grapple with competing expert views on more complex econometric issues.



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