High-Tech Employers Dodge Class Certification In Anti-Solicitation Antitrust Case

Although concluding that Comcast Corp. v. Behrend, No. 11-864, 2013 U.S. LEXIS 2544 (U.S. Mar. 27, 2013), did not require plaintiffs to prove individual class member damages on a class-wide basis, Judge Lucy Koh of the U.S. District Court for the Northern District of California nevertheless held in In Re High-Tech Employee Antitrust Litigation, No.: 11-CV-02509, 2013 U.S. Dist. LEXIS 4978, at *69, 87-90 (N.D. Cal. Apr. 4, 2013), that plaintiffs failed to show that antitrust impact could be shown with common evidence. It therefore denied class certification.

In Re High-Tech Employee Antitrust Litigation is a highly publicized workplace antitrust case allegedly centered around present and former CEOs of some of the largest Silicon Valley employers such as Steve Jobs of Apple and Eric Schmidt of Google. We previously blogged about this case here.

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