In an article reporting on some of the leading practices that bring competition claims, which are “facing ever-higher hurdles,” Firm antitrust co-chair Gregory Asciolla touches upon issues affecting plaintiffs work in antitrust law.
According to Asciolla, class certification is now the focal point of discovery, and a factor in being appointed lead counsel is having the resources to litigate through trial.
Regarding direct purchaser litigation and arbitration agreements, he said, “There are cases where language in the purchase agreements makes it difficult to get into federal court. It almost guarantees there will have to be some form of arbitration to resolve. Not only is there the arbitration clause, but also the class action waiver.” He predicted that once savvy businesses have the opportunity to revise agreements to include language mandating arbitration and barring class actions, it may cause direct purchase cases to be derailed by arbitration.
Internationally, Asciolla said that increased international enforcement of antitrust law, as foreign antitrust agencies, have become more active in uncovering price-fixing conspiracies with direct effect on U.S. commerce. “We’ve had to become experts on foreign issues such as discovery,” he said.