As a result of the Class Action Fairness Act of 2005 (CAFA), antitrust claims brought by classes of direct and indirect purchasers typically are consolidated in federal court for discovery and other pretrial purposes. In preparing to try claims brought by different classes of plaintiffs, defense counsel are presented with strategic decisions and opportunities that did not arise when indirect purchaser claims were litigated separately in state court.

This webinar, featuring Mayer Brown partners Aimée Latimer-Zayets and Lee Rubin, focused on strategies for defending consolidated direct and indirect purchaser class actions. Drawing on our recent experiences in the SRAM Antitrust Litigation, in which the court and the parties grappled with many of these issues for the first time, we will offer practical guidance on the unique issues that arise because of the consolidation, and that can be expected to arise in the future as more post-CAFA cases head toward trial. In particular, we will address:

  • Issues arising in connection with pretrial events such as class certification, discovery, and FTAIA challenges;
  • Structuring a trial involving different classes of plaintiffs; and
  • Handling the multiple liability problem.

Aimée Latimer-Zayets
Lee H. Rubin

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