In re Hydrogen Peroxide Antitrust Litigation
United States Court of Appeals for the Third Circuit
552 F.3d 305 (2008)
- Written by Salina Kennedy, JD
Facts
Purchasers of hydrogen peroxide (purchasers) (plaintiffs) sued hydrogen-peroxide producers (producers) (defendants), alleging that the producers had violated antitrust laws by fixing the price of hydrogen peroxide used in the pulp and paper industries. The purchasers moved for class certification. In opposition to the motion, the producers offered the testimony of an expert economist that hydrogen-peroxide prices during the period in question had varied from purchaser to purchaser and that several purchasers had independently negotiated their contracts with producers. The producers argued that this testimony called into question the purchasers’ ability to prove damages common to the class. The purchasers presented expert testimony that price fixing could in theory impact the entire class of purchasers even if hydrogen-peroxide prices for some purchasers increased while hydrogen-peroxide prices for other purchasers decreased. The district court declined to weigh the competing expert testimony and instead accepted the testimony of the purchasers’ expert. The district court certified the class, stating that the purchasers had satisfied the requirements of Federal Rule of Civil Procedure (FRCP) 23 by, among other things, (1) making a threshold showing that common issues of fact or law predominated over individual issues and (2) making a threshold showing that the impact of the alleged price fixing could be proven as to the entire class. The producers appealed.
Rule of Law
Issue
Holding and Reasoning (Scirica, C.J.)
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