Antitrust Class Action & Emerging Issues: A Year in Review - Presented by Epiq Global
December 14, 2021
In April 2021, top class action practitioners and members of the judiciary gathered for the 3rd annual Western Alliance Bank Class Action Law Forum™, held in collaboration with the University of San Diego School of Law. 2021 Premium sponsor, Epiq Global, presents this on-demand webinar: Antitrust Class Action & Emerging Issues: A Year in Review.
Aideen Gaffney, Epiq Global
Kelse Moen, Allen & Overly LLP
Betsy C. Manifold, Wolf Haldenstein Adler Freeman & Herz LLP
Karin Garvey, Labaton Sucharow LLP
Stuart N. Senator, Munger Tollest & Olson LLP
The panel participants focused on two overarching topics. The first was class members—related to uninjured class members and “Fair Pay” vs. “Amateurism” regarding an NCAA antitrust case.
The panel explored other critical developments in the antitrust world, including leveraging tools for enforcement and other trends plaintiffs and defense counsel, and claims administrators are seeing.
What happens when a plaintiff tries to file a class action on behalf of all purchasers, but only some were injured? Panelists weighed in on the critical aspects around this issue that have caused a split in District Courts.
The following discussion focused on In re NCAA Ath. Grant-in-Aid Cap Antitrust — a high-profile case student-athlete compensation. The panel commented on the Oral Arguments made to the Supreme Court, which outcome they anticipate and how the case is viewed from the plaintiffs’ and defense perspectives.
Panelists also discussed the tools that can be leveraged for antitrust enforcement—specifically the Antitrust Criminal Penalty Enhancement & Reform Act (ACPERA), which was reauthorized by Congress in 2020. There were nuanced perspectives about the impacts of when the civil damage exposure of a company granted leniency is reduced if they adequately cooperate with the plaintiffs.