Preface

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PREFACE

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

2015-2016