Consumer Antitrust Class Certified Against Babies ‘R’ Us

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." The decision clarifies the scope and effect of two recent decisions -- one from the U.S. Supreme Court and one from the 3rd Circuit -- that altered the pleading standards for price-fixing cases and made the test for winning class certification more rigorous.