The U.S. Court of Appeals for the Seventh Circuit decided that patients and payors challenging a hospital merger should not have been required to show uniform price increases to obtain certification to pursue their claims as a class. The U.S. Court of Appeals for the Second Circuit reaffirmed its ruling that a class arbitration waiver clause was not enforceable because it would effectively preclude the plaintiffs’ ability to vindicate their rights. In a third appellate decision addressing class issues, the full bench of the U.S. Court of Appeals for the Third Circuit affirmed class certification for settlement of a diamond price-fixing case, notwithstanding differences in state laws applicable to different groups of plaintiffs.
Other antitrust developments of note included the European Commission’s decision to block Deutsche Börse’s proposed acquisition of the New York Stock Exchange and an unorthodox regulatory challenge to a joint venture combining the two leading New York City double decker tour bus operators.
Class Certification
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