Milbank LLP Litigation & Arbitration associate Emme Tyler authored an article for the Antitrust Bar Association (ABA) regarding the Department of Justice’s recent statement of interest in Brown v. JBS Food Co., which urged the court to reject a proposed settlement. The DOJ filed its statement upon receiving notice required under the Class Action Fairness Act (CAFA). Ms. Tyler analyzes the DOJ’s statement in Brown and two other recent cases, Nosalek v. MLS Property Info. Network and in re: College Athlete NIL Litig.
Although the DOJ files statements of interest sparingly (and even more rarely to oppose private settlements), these cases illustrate how the DOJ can use its statutory authority to influence the remedial terms of private litigation and overcome resource constraints that might otherwise limit its ability to advance the public interest.
You can read the full article, “When the Government Reads Your CAFA Notice: DOJ’s Role in Private Antitrust Settlements: Lessons from Brown v. JBS USA Food Co.,” here. [Subscription may be required for full access]
