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To Pool or Not to Pool: A Closer Look at the Use of Sub-Regressions in Antitrust Class Certification
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 sub-regressions. First, it compares and contrasts various related proposals in the law and economics literature. It then analyzes courts' recent class certification decisions in cases where this type of analysis was introduced. Last, it discusses a number of methodological issues with sub-regressions and explains why a disciplined and rigorous implementation is critical for its reliability.