In Re Mushroom Direct Purchaser Antitrust Litigation

Few cases in the antitrust canon have been invoked more frequently, for the wrong reasons, than the Third Circuit’s 1977 decision in Bogosian v. Gulf OilFor four decades now – culminating in the recent release of a decision certifying class in the long-running Mushrooms case – litigants and courts have cited a “presumption” or “short-cut” embedded in Bogosian and argued about whether it suffices to warrant class certification in a given case. This short-cut, however, is more fantasy than reality.