International Paper Company v. Kleen Products LLC

Issue: (1) Whether an antitrust class may be certified under Federal Rule of Civil Procedure 23(b)(3) based on a presumption that an increase in an index price demonstrates class-wide antitrust injury, even though most sales in the industry are individually negotiated and executed at prices below the index price; and (2) whether the fact that individualized inquiries are needed to determine the amount of damages due each class member is, as the U.S. Court of Appeals for the 7th Circuit held here, legally irrelevant to the predominance inquiry under FRCP 23(b)(3).