Pointers For Tackling Antitrust Class Action Set-Aside Orders

By William Reiss and Laura Song

While set-aside orders have traditionally been awarded to lead counsel in mass torts cases, a growing trend has emerged in which courts have been increasingly willing to enter set-aside orders for the benefit of class counsel in antitrust class actions. Set-aside orders in antitrust class actions require class members that opt out of a settlement to place in escrow a percentage of any monies they receive in individual settlements.

In this Law360 expert analysis article, William Reiss and Laura Song summarize recent court opinions on this issue and analyze the arguments both in favor of and against granting set-aside orders in antitrust class actions. They conclude by providing guidance to attorneys navigating this thorny issue.