The Antitrust Evidence Handbook, Third Edition was prepared under
the aegis of the Trial Practice Committee of the Antitrust Section of the
American Bar Association. This edition updates the second edition of the
Handbook published in 2003, and retains the user-friendly organization
and format of that version. This new edition also incorporates the latest
statutory and case law developments in the evidence field. The most
significant developments in antitrust evidence in the last decade have been
the expansion and usage of electronically stored information (ESI) and the
development of expert testimony in the class certification context under
the Supreme Court’s Comcast decision. The chapter on ESI issues is a
new chapter and the chapter on experts has been significantly updated to
reflect these changes over the last decade.
Many members of the Antitrust Section contributed to this Third
Edition of the Ha ndbook. We are especially grateful to the Trial Practice
Committee’s Vice Chairs, Cynthia Cohen and Alana Bassin, for their
contributions and oversight of this project. We thank contributors Brian
Hom (Chapter 1), Gerald Stein (Chapter 2), David Brenneman (Chapter
3), Greta Burkholder and Swati Rawani (Chapter 4), Mark Krotoski
(Chapter 5), Bob Cox (Chapter 6), and Gregory Wrobel, Joshua Nichols,
Martin McElligot, Jill O’Neill and Michael J. Waters (Chapter 7). The
lead editors for this handbook consisted of Brendan McShane, John
Pellegrini, Stephanie Song, and Andrew Bertolli. A special thanks is also
warranted for Leo Caseria, Vice Chair of the Antitrust Section’s Books &
Treatises Committee, for his leadership on this project.
Finally, we are grateful for the hard work of the support staff and
volunteers at Latham & Watkins LLP and Sheppard, Mullin, Richter &
Hampton LLP.
January 2016 Brian Grube
Chair, Trial Practice Committee
Section of Antitrust Law
American Bar Association

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