Individual Inquiry in Class Certification

Edgeworth Economics’ client, Reddy Ice, Inc., was accused of allocating territories in the packaged ice industry. Edgeworth Chief Executive Officer Dr. John H. Johnson submitted an expert report regarding the appropriateness of class-wide treatment on behalf of Reddy Ice in the Superior Court of Justice in Ontario, Canada. Dr. Johnson concluded:

• Determining antitrust injury for each member of the proposed class required individualized analysis
• A formulaic approach to damages, using class-wide evidence, would fail to provide accurate measures of harm

The plaintiffs settled with Reddy Ice’s co-defendant, Arctic Glacier, subsequent to the filing of Dr. Johnson’s report. Reddy Ice made no payment and received full release from the plaintiffs.