Several federal courts have grappled with the certification of classes for the purpose of settling antitrust cases: The full U.S. Court of Appeals for the Third Circuit will re-examine a panel decision upsetting a district court’s certification of a nationwide settlement class to resolve state antitrust law claims alleging price-fixing in the diamond industry. One district court denied certification of an injunctive settlement class where changing market conditions reduced the possibility of continued harm to car buyers, while another district court preliminarily approved a class settlement with one of three defendants over the objection of the two non-settling companies in an alleged packaged ice conspiracy suit.

Other recent antitrust developments of note included the Third Circuit’s assessment of the sufficiency of pleadings alleging widespread antitrust violations in the insurance industry and the Department of Justice’s enforcement action challenging non-solicitation agreements between high-technology firms.

Settlement of State Claims

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