Antitrust Evidence HandbookAmerican Bar Association, 2002 - 298 pages While antitrust litigation is like other litigation in many ways, it also is unique in other respects. The Antitrust Evidence Handbook, Second Edition provides practitioners with a quick reference source on evidentiary issues that arise principally, although not exclusively, in antitrust cases. This new edition updates the original Handbook published in 1991 but retains the user-friendly organization and format of the original version. It also incorporates the latest statutory and case law developments in the evidence field. The most significant development in antitrust evidence in the last decade has been the treatment of expert testimony under Daubert and its progeny, and the chapter devoted to experts has been completely rewritten to take account of these changes. Organized in outline form so topics can be located quickly and easily, this volume is published in a format that can be carried handily by counsel to court or depositions. Anyone involved in antitrust litigation will continue to find the Handbook to be a useful reference tool. |
Contents
A Coconspirator Statements | 5 |
B 8036 Business Records | 18 |
E Prior Statements and Testimony of a Witness | 29 |
Chapter II | 55 |
E Sharing Agreements | 61 |
H Sales of Products Outside the Relevant Market | 67 |
Postacquisition Evidence in Merger Cases | 75 |
P Conduct Outside the Period of the Statute of Limitations | 82 |
H Use of Other Evidence When Fifth Amendment Privilege | 154 |
Chapter V | 163 |
B Qualification of Witness as Expert | 177 |
Scope of Expert Testimony under Federal Rule of Evidence | 183 |
Discovery | 190 |
Chapter VI | 199 |
Nonmutual Collateral Estoppel | 209 |
Collateral Estoppel Compared | 211 |
iii | 83 |
B Attorney Work Product Doctrine in the Antitrust Context | 98 |
PhysicianPatient Privilege in the Antitrust Context | 119 |
E Other Privileges | 129 |
Who May Invoke the Privilege and under What | 136 |
Invocation of the Privilege Is Justified | 146 |
Requirements for Prima Facie Effect under Section 5a | 212 |
Limitations | 213 |
Evidentiary Use | 214 |
FTC Findings | 215 |
Table of Authorities | 217 |
Other editions - View all
Common terms and phrases
10th Cir 1st Cir 2d Cir 9th Cir admissible admitted evidence adverse inference aff'd agency agreement antitrust action antitrust laws applies asserted AT&T attorney-client privilege cert civil action claim coconspirator statements collateral estoppel communications conspiracy Corp corporate counsel criminal cross-examination D.C. Cir Daubert declarant's defendant defendant's denied disclosure discovery distributor documents Elec employees excluded expert testimony expert witness facie effect facts Federal Rule Fifth Amendment Fifth Amendment privilege grand jury Grand Jury Proceedings Grand Jury Subpoena grand jury testimony hearsay immunity inadmissible incriminating Indus Int'l investigation issues lawyer N.D. Cal N.D. Ill opinion pari delicto pari delicto defense plaintiff postacquisition evidence preclusive prior consistent statement prior statement product doctrine prosecution protection records relevant Rule of Evidence Section 5(a summary judgment Supp Supreme Court testify Trade Cas treble damages trial court unclean hands United violation waived waiver witness's Zenith Radio Corp