O’Melveny’s Simmons Quoted in Law360 Article on LCD Price-Fixing Case

3月 07, 2012


Law360’s March 6, 2012, article, “LCD Price-Fixing Judge Goes Easy On Indirect Class' Economists,” details an ongoing antitrust case where a group of consumers is claiming it overpaid for flat-screen displays and is seeking billions in damages. O’Melveny & Myers' Ian Simmons was quoted in the article commenting on the court’s recent opinion that allowed the indirect purchaser class to use evidence from economists to support its claims. Simmons referenced a 1982 decision in General Tel. Co. v. Falcon, which requires the court to conduct a rigorous analysis before certifying class treatment, according to the article.  "It's not clear to me in the opinion whether the court is doing what it is supposed to do under [the Supreme Court's decision in] Falcon," Simmons said. "Did the court really kick the tires of these models and take them for a test drive? It is not obvious from the opinion that analysis took place.”