Foreword

xi

FOREWORD

The American Bar Association Section of Antitrust Law is pleased to

present the Antitrust Discovery Handbook . Recent amendments to the

Federal Rules of Civil Procedure and the Federal Rules of Evidence, as

well as a growing body of caselaw particularly in the electronic discovery

arena, continue to clarify litigants’ obligations with respect to antitrust

discovery. Advancements in technology are facilitating the large-scale

production of documents. Third party discovery practice is becoming

more important, as are the implications of cross-border international

discovery, access to grand jury documents, and the rising use of

multidistrict litigation in private antitrust suits.

The Section is grateful to project chair Shannon E. McClure, and her

team of contributing authors and editors, for undertaking this challenging

task. The Section also thanks Sarah Mathias and Amy Manning, past and

present Chairs of the Section’s Civil Practice and Procedure Committee,

for their support and oversight of this project. We trust this book will serve

as a useful guide for attorneys in private practice who counsel and

represent clients in private antitrust suits.

June 2013 Theodore Voorhees, Jr.

Chair, Section of Antitrust Law

American Bar Association

2012-2013