Wednesday, August 4, 2021
Court has second chance to advance nation s fair market goals.
Delivering some good news for advocates of competitive markets, the Ninth Circuit U.S. Court of Appeals has vacated a 2-1 decision that would have made it more difficult for antitrust claimants to secure class certification. Yesterday (Aug. 3, 2021) the court decided to rehear the matter
en banc, issuing a brief order in the case of
Olean Wholesale Grocery Coop., Inc. v. Bumble Bee Foods LLC, 993 F.3d 774 (9th Cir. 2021).
As we wrote previously, we are witnessing rapid market concentration and the emergence of dominant players in important industries. In the meantime, antitrust law and enforcement are under attack as weak, ineffectual, and out of step with the modern economy. The three-judge panel s April 6 determination that Federal Rule of Civil Procedure 23(b)(3) requires a district court to find that no more than a de minimis number of class members are uninjured be
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