Antitrust Law

Court Affirms Deferential Role in Reviewing Class Certification Decisions

, The Legal Intelligencer


Antitrust defendants should pay close attention to the 3rd Circuit's late August decision in Behrend v. Comcast Corp. In Behrend, the court, in an opinion by Senior Judge Ruggero Aldisert (joined by Judge D. Michael Fisher), upheld a decision of the U.S. District Court for the Eastern District of Pennsylvania certifying a class of antitrust plaintiffs who sought relief from cable giant Comcast on the theory that it monopolized the cable market in the Philadelphia Designated Market Area (DMA), which includes 18 counties in Southeast Pennsylvania, New Jersey and Delaware.

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