Antitrust breaches may involve class action claims on behalf of a class of consumers or businesses, who were either direct or indirect purchasers of the affected product(s). Our experts have provided analysis of class certification, liability and quantum issues in some of the highest profile antitrust class actions in both the US and the UK—including on the defense side (e.g., Trucks, foreign exchange, Qualcomm, interchange fees, power cables) and on the claimant/plaintiff side (e.g., Sutter Health, Google and Apple App Store class actions, Rail Boundary Fares action).

In evaluating class action cases, our experts assess the extent to which impact and injury can be measured using evidence and methods that are predominantly common to the class. They assess whether damages to the class on both aggregate and individual levels can be estimated using a common, formulaic methodology, or whether individualized inquiry would be required.

We use rigorous empirical modelling grounded in economic theory, combined with case-specific quantitative and qualitative evidence, to assess what methods can be used to measure the impact of the alleged conduct on the class and whether those are common to the class.

For cases involving indirect purchasers, we further evaluate whether one can show, using evidence and methods that are common to the class, that any alleged overcharge paid by direct purchasers was passed through as higher prices to indirect purchasers.

Our team is highly experienced in analyzing the types of large complex data, such as transactions data, that are typically used in evaluating quantum and commonality in antitrust class actions.

On these matters, in addition to our highly experienced economics experts, we are able to draw on the experience of our wider Class Action practice working on a wide range of non-antitrust class action matters and collaborate with other in-house industry and subject matter experts.

Global Senior Team