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
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
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

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