Discovery in Antitrust Cases

Summary

This practice note addresses one of the most critical aspects of any antitrust case—discovery. Courts have repeatedly observed that discovery in antitrust cases is notoriously broad, burdensome, and expensive. Although it is very difficult to eliminate entirely the types of broad discovery typically associated with antitrust litigation, counsel on both the plaintiffs' and defense sides of antitrust cases frequently can eliminate a certain amount of needless burden and expense by carefully considering (and where appropriate, collaborating in advance on) their plans for discovery, rather than simply indiscriminately serving document requests, interrogatories, deposition notices, and subpoenas for every single piece of conceivably relevant information.