The more things change the more they stay the same. Those in the legal profession—as well as our clients and the courts—have long bemoaned the complexity, expense, and overwhelming scope of commercial litigation. While the challenges of sprawling discovery, motions practice, and trial permeate many causes of action, and federal statutory claims in particular, no area of law has been more routinely identified as a source of immense and costly suits than antitrust and other unfair competition claims. While this is not recent news, past and present efforts to alleviate the problem have not fully succeeded, and perhaps they simply cannot.

At the 1982 spring meeting of the section of Antitrust Law of the American Bar Association participants had the option of attending sessions with respect to Expediting and Controlling Antitrust Litigation—The Demand for Cost Containment. The text of the presentations and other materials were then published in volume 51 of the Antitrust Law Journal. Speakers included private practitioners, in-house counsel, and Judge Edward R. Becker, who was then newly appointed to sit on the U.S. Court of Appeals for the Third Circuit Court. At this conference, more than 30 years ago, the group reviewed mounting concerns with respect to the reliability of pleadings, the scope and nature of discovery, and the costs faced by clients in antitrust matters.

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