In this issue:
Merger Review in the U.K.
It is no surprise that the Substantive Guidelines and the Procedural Guidelines quickly became the starting point for those trying to understand how the authorities would apply the Enterprise Act to their merger.
In April 2008, the U.K. Competition Commission and the U.K. Office of Fair Trading launched a joint review of their respective guidelines for the assessment of mergers. Both had started separately, the OFT with a mere 119-page draft document in March 2008. The plan is for the two organizations to produce a single guidance document, consisting of revised and expanded guidance of matters already contained in several publications. This article intends to summarize briefly some of the emerging issues.
The OFT Draft Mergers Jurisdictional and Procedural Guidance and Key Issues Arising in U.K. Merger Control
The Draft Procedural Guidance reflects the OFT’s increased concern with the difficulties it faces in reviewing completed mergers.
Class Certification and Antitrust Actions
Just over a year ago, the U.S. Supreme Court issued its decision in Bell Atlantic Corp. v. Twombly which arguably changed the pleading standards required for all complaints filed in federal court. Twombly has particular relevance to antitrust class actions, however, because the complaint at issue in Twombly was an antitrust class action.
Opening the Curtain: Why Economics Is Taking Center Stage in Class Certification Battles in Antitrust Cases
The evolving standard for assessing class certification should have particular import on antitrust cases, which have long looked to expert analysis to frame the arguments for and against certification.
Courts are increasingly examining the factual and economic substance of putative class plaintiffs’ assertions that they will prove with common evidence a common injury to all members of the alleged class.
Economic analysis of class certification has a different focus than economic analysis of most antitrust issues or, indeed, most legal issues.