Legal Issues: Antitrust
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Antitrust Identification, preservation and the defensible collection of electronically stored, potentially relevant information, are critical in antitrust matters. Organizations that prepare to meet their e-discovery obligations and proactively develop and deploy a robust e- discovery response plan can approach discovery as an organized, strategic, business process.
Recent Antitrust Case Studies and Other Resources
A major telecommunications company proposes to acquire one of its rivals, prompting a government antitrust review. During the investigation, the government issued a second request for production, and the company’s outside counsel – accustomed to a paper-based review process – suddenly faced a 30-day time frame to sort through 270 gigabytes of data and prepare it for review. With stiff daily fines for missing the deadline, paper review was no longer a viable option.
An AmLaw 200 law firm was defending a large, publicly-held retailer in an antitrust lawsuit shortly after the December 2006 amendments to the Federal Rules of Civil Procedure (FRCP) went into effect. Both the general counsel and supporting outside counsel wanted to ensure they had a defensible process and foundation for meeting the new requirements as the company was facing its first FRCP 26(f) “meet and confer” conference under the new rules.
An international, for-profit hospital operator, facing a Federal, antitrust lawsuit, had 60 days to prepare for its scheduling conference. This required identifying, preserving and analyzing more than two terabytes of electronic evidence from 80 custodians, with data stored on 100 personal computers, data shares and servers in seven different regional data centers.
Advanced Electronic Discovery
Investigations, windfall profits, rebates...the legislative and enforcement activity around energy companies is at its highest peak since the California energy crisis. In addition, new changes to the Federal Rules of Civil Procedure are coming in December.