Court Certifies Purchaser Class in Blood Reagent Antitrust Suit

In In re: Blood Reagents Antitrust Litigation, Eastern District of Pennsylvania Judge Jan E. DuBois certified a class of direct purchasers in an antitrust action alleging that through a series of meetings and communications, Johnson & Johnson unit, Ortho-Clinical Diagnostics Inc., conspired with Immucor Inc. to fix prices on reagents used in blood tests.  The court held that in addition to meeting the numerosity, commonality and typicality requirements, the proposed class had shown that Ortho-Clinical’s alleged misconduct had a plausible antitrust impact and that proceeding as a class was superior to doing so individually.  The newly-approved litigation class includes individuals and entities that directly purchased traditional blood reagents from Immucor and Ortho-Clinical in the U.S. between January 1, 2000, and the present.

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