31 Pages Posted: 13 Mar 2017 Last revised: 18 Mar 2017
Date Written: March 16, 2017
A central question regarding class certification is whether the conduct in question impacted all or nearly all class members. To answer this question, a methodology, known as sub-regressions, has been proposed and employed in recent class action cases. This article takes a closer look at three areas of interest related to the sub-regressions. First, I compare and contrast various related proposals by commentators in the law and economics literature. I then analyze courts' recent class certification decisions in cases where this type of analysis was introduced. Last, I discuss a number methodological issues with sub-regressions--many unacknowledged previously--and explain why a disciplined and rigorous implementation is crucial for its reliability.
Keywords: Class certification, Common impact, Data mining, Poolability
JEL Classification: K00, K21
Suggested Citation: Suggested Citation
Deng, Ai, To Pool or Not to Pool: A Closer Look at the Use of Sub-Regressions in Antitrust Class Certification (March 16, 2017). Available at SSRN: https://ssrn.com/abstract=2931455