In this article, we consider how Daubert motions can be used effectively to streamline litigation. We discuss what rigorous analysis means, and survey recent class certification opinions to see how courts are applying that analysis and reacting to Daubert motions at the class certification stage. We conclude with views from the plaintiffs’ and defendants’ sides about how to work within these litigation realities to streamline the time, money, and effort expended in an antitrust class action.
Previous article The temporal scope of the damages directive: A comparative analysis of the applicability of the new rules on competition infringements in Europe Next article What’s Next in Apple Inc. v. Pepper? The Indirect Purchaser Rule and the Economics of Pass-Through