Antitrust and Class Action Advisory: New Seventh Circuit Decision Endorses Heightened Scrutiny of Experts at Class Certification Stage While Potentially Lowering the Bar to the Predominance Element at Class Certification
1/26/2012
By Bruce D. Sokler, Kevin M. McGinty, Robert G. Kidwell, and Christi J. Braun
In the health care antitrust world, the Federal Trade Commission’s Evanston case, involving a retrospective attack on the consummated merger between Evanston Northwestern and Highland Park hospitals, is an important government enforcement benchmark. Now in a private antitrust class action, the Evanston merger continues to make important law, both with respect to class certification issues and the analysis of antitrust harm in the private class context when differential pricing is present.
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