Dr. Normann Comments on Market Definition and Class Certification
In Antitrust Practitioner, Dr. Parker Normann discusses the fundamental errors in using market definition to determine class-wide impact in antitrust litigation. He demonstrates that market definition alone does not mean that each individual in the proposed class has suffered impact or that impact is common among them.
Dr. Normann concludes that the market definition approach in fact assumes away the very question the class certification phase attempts to answer. Rather, statistical analysis of potential impact at the customer-by-customer level is required to certify a class.