Preface

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PREFACE

The Antitrust Discovery Handbook is intended to provide a

comprehensive resource regarding discovery in private antitrust suits

within the United States, and is addressed to practitioners who spend

significant time counseling clients and litigating discovery issues in

antitrust suits, as well as the general practitioner seeking guidance on these

issues. The Civil Practice and Procedure Committee of the ABA Section

of Antitrust Law closely monitors developments in antitrust and federal

discovery, and works to keep committee members and other interested

practitioners up to date through a variety of programs and publications.

This third edition of the handbook is our effort to gather some of the most

important information on antitrust discovery developments in a single

reference.

The handbook is divided into ten chapters. Chapter I provides an

overview of recent amendments to the Federal Rules of Civil Procedure

and the Federal Rules of Evidence. Chapter II provides a general summary

of the various written tools and techniques most commonly used in private

antitrust suits, including initial disclosures, document productions,

interrogatories, and requests for admission. Chapter III delves into

considerations regarding depositions in antitrust lawsuits, including

strategy for when and how to depose witnesses, as well as techniques for

preparing or defending depositions. Chapter IV explores third party

discovery, including Rule 45 subpoenas for document production and

testimony.

Chapter V emphasizes the importance of selecting experts, focusing

on identifying the issues that should be considered by counsel in dealing

with expert testimony in antitrust litigation. Chapter VI summarizes the

significance of historical electronic discovery developments on modern

antitrust litigation and provides tools and tips to handle often-encountered

e-discovery issues. Chapter VII reviews the protections the attorney-client

privilege and work-product doctrine accord to various types of

information common to antitrust litigation. Chapter VIII evaluates the

recent trend towards the Judicial Panel on Multidistrict Litigation

consolidating similar antitrust actions brought by separate plaintiffs in