Antitrust Class Actions

Overview

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.

NOTABLE CASE OUTCOMES

Rail Boundary Fares collective action (UK)

We are advising a class of London rail passengers in a collective action against two London train operating companies (South Western and South Eastern). The claim involves Boundary Fares, which allow passengers who own a London Travelcard to travel beyond the zones covered by their Travelcard without doubling up on payment. The Class Representative (Mr. Justin Gutmann) alleges that the defendants did not make Boundary Fares readily available for Travelcard holders to purchase, effectively making these customers pay twice for a proportion of certain journeys. Mr. Gutmann alleges that this imposition of unfair prices is an abuse of the rail companies’ dominant market position and in breach of UK and EU competition laws. The AlixPartners team’s role has been to quantify the damages and to advise on the market definition and dominance aspects of the case.

On October 19, 2021, the Competition Appeal Tribunal certified the Collective Proceedings Order.

NOTABLE CASE OUTCOMES

App stores (UK)

AlixPartners was engaged to provide economic expert witness evidence on behalf of proposed class representatives in several separate collective actions relating to Google and Apple’s conduct in relation to their app stores. The economic analysis covered a wide range of challenging issues, from defining the relevant product and geographic markets, assessing dominance, to analyzing the impact of the alleged abusive conduct on competition and consumers.

The AlixPartners team examined the available evidence and quantified the damages consumers may have suffered from the alleged abusive conduct. The economic evidence was submitted to the Competition Appeal Tribunal to assist the court in their consideration of certification decision.

The action against Apple was certified in May 2022 and the action against Google was certified in July 2022.