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Economic Analysis in Class Certification

Peter Davis et al., Practical Law Global Guide 2016/17, Class Actions

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In the US, litigation often follows allegations of a violation of competition law such as an alleged price fixing conspiracy. Such litigation can proceed on an individualised basis or alternatively on a collective basis, with a class of claimants pursuing a "class" or "collective actions.

Fudnemental to a proposed class being certified in the US is that class members face substantially common issues. In particular, the impact (and damages) from the alleged anti-competitive conduct must be established using common, generalised evidence and a common methodology.

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