Antitrust Discovery Handbook

Book excerpt: This new edition of the Antitrust Discovery Handbook reflects the impact of the significant changes made to the Federal Rules of Civil Procedure in 2001 on discovery in antitrust cases. It also greatly expands the discussion of both the scope of discovery and practical approaches to gaining discovery in an antitrust case, as well as the challenges in obtaining and defending electronic discovery. The Handbook incorporates parts of the first edition in the sample discovery section contained in Chapter VIII. These sample discovery requests cover such areas as general definitions and instructions; general discovery; horizontal, per se violations (15 U.S.C. [UNK] 1); vertical distribution discovery; monopolization and exclusionary practices; the Robinson-Patman Act (price discrimination); Section 7 of the Clayton Act (acquisition and mergers); the statute of limitations and doctrine of fraudulent concealment; subject matter jurisdiction under the federal antitrust laws (interstate commerce requirement); request for admissions; and sample discovery to obtain electronic evidence. Papers from a CLE program entitled Discovery in Antitrust Litigation - sponsored by the American Bar Associati