Hydrogen Peroxide Antitrust Litigation

On December 30, 2008, The United States Court of Appeals for the Third Circuit ruled unanimously in favor of our clients, several producers of hydrogen peroxide, with regard to class certification in the Hydrogen Peroxide Antitrust Litigation. In what has been described as one of the most important class certification decisions in recent years, the Court, relying heavily on the testimony of Compass Lexecon expert Janusz Ordover, ruled that district courts must find that each Rule 23 requirement is met by a preponderance of the evidence, resolve all factual and legal disputes relevant to class certification even if they overlap with the merits of the case, and consider all expert testimony, opposing as well as supporting class certification, when deciding to certify a class. We worked with several legal teams including Adam Paris at Sullivan &Cromwell LLP, Christine Levin at Dechert LLP, Steven Bizar at Buchanan, Ingersoll & Rooney PC, Jeffrey Cashdan at King & Spalding LLP, and Joanna Cline at Pepper Hamilton LLP.