A federal judge has certified a class action consumer antitrust suit against retail giant Babies “R” Us and a group of manufacturers of popular baby products after concluding that a price-fixing conspiracy could be proven entirely through “common evidence.”
Legally, the 50-page opinion by U.S. District Judge Anita B. Brody in McDonough v. Toys “R” Us Inc. is important because it clarifies the scope and effect of two recent decisions from higher courts — one from the U.S. Supreme Court and one from the 3rd U.S. Circuit Court of Appeals — that altered the pleading standards for price-fixing cases and made the test for winning class certification a more rigorous one.
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