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The question of how much the U.S. Supreme Court’s decision in Comcast v. Behrend,1 tightened the rule that a class action cannot be certified under Rule 23(b)(3) unless the district court finds, after a rigorous analysis of relevant evidence, that common questions predominate over individual ones has arrived in the lower courts. Strictly speaking, Comcast held that antitrust claims cannot be certified under Rule 23(b)(3) unless the plaintiffs present a damages model establishing that antitrust injury and damages attributable to the alleged antitrust violation can be proven through evidence common to the class. But underlying that holding is a broader recognition that the issue of whether causation and damages are susceptible to measurement on a classwide basis is an essential component of the predominance inquiry under Rule 23(b)(3).

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