Perhaps nothing strikes fear in the hearts of senior corporate executives and general counsel like learning that their company has been named as a defendant in a private federal antitrust damages action. While facing the prospects of treble damages and paying plaintiffs’ attorney’s fees is sobering enough, most disturbing of all are the anticipated costs, in money, in time, and in business disruption, of fact discovery. And, since insurance coverage for antitrust claims is relatively rare, these are costs that go right to a company’s bottom line.
But, while antitrust cases are legally complicated and fact intensive, fact discovery can be managed effectively. The purpose of this article is to provide a roadmap for defendants to do so.
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