Ongoing Case Highlight: In re Korean Ramen Antitrust Litig., 2018 U.S. Dist. LEXIS 48606 (N.D. Cal. Mar. 23, 2018)

Summary:

The case involves a class action claim of price fixing conspiracy involving several Korea-based instant ramen companies, some of which had presence in California. Based on a new case In re Hyundai and Kia Fuel Economy Litig., 881 F.3d 679 (9th Cir. 2018), the defendants sought to de-certify the plaintiff class, arguing Hyundai placed the evidentiary burden on the plaintiffs to show common legal issues predominate through the class.

The court denied the motion to decertify. The court found that Hyundai involved multiple states and potential application of multiple state laws, while the case at hand only involved California.

Takeaway:

In the face of the persistent trend to cut back on the ability to bring a class action suit, this is an interesting development that stood against the trend. Also, one Korean company case to be applied in another Korean company case! Goes to show the extent to commerce between South Korea and the United States.