District Court Finds that Defenses Based on the FTAIA Do Not Require Individualized Inquiries that Would Defeat Class Certification

The World in U.S. Courts: Spring 2016 - Antitrust/Foreign Trade Antitrust Improvements Act ("FTAIA")

In re Optical Disk Drive Antitrust Litigation, U.S. District Court for the Northern District of California, February 8, 2016

A purported class of "indirect" purchasers of optical disk drives alleged to have been the subject of a worldwide price-fixing conspiracy again sought class certification following a prior failure. The Court found that the requirements for certification had been met. In so doing, it concluded that possible defenses based on the FTAIA would not impermissibly require individualized inquiries as to individual plaintiffs sufficient to defeat class certification because those defenses would be based on the defendants' actions.

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