Overview
Historically, economic analysis has seldom been used at the class certification
stage, being left instead for the examination of the merits of the case.
That pattern has changed, however, as sophisticated economic analyses
have become increasingly accepted by the courts for class certification
purposes. These analyses have been shown to contribute to the courts'
understanding of the issues and have affected class certification outcomes.
Economic analysis of transactions data may reveal whether the proposed
classes meet the requirements for being certified. Some of these same
economic analyses also can help to educate the court about the issues
likely to come before it in the liability phase of the case.
Often, the databases at issue in class certification matters have millions
of records covering many parties and spanning multiple time periods.
An important element in the successful use of these data at the class
certification stage is to frame the economic issues properly. In addition,
it is important to have the technical competence and capabilities to
handle large, often unwieldy, databases.
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