The US Supreme Court shows in its recent antitrust decisions a concern about the burdens of US litigation process (Stolt-Nielsen / AnimalFeeds)

U.S. Antitrust Decisions Frequently Driven by Concerns With Burdens of U.S. Litigation Process* Many of the most important U.S. judicial decisions in antitrust have been driven by judicial concern with aspects of the U.S. litigation process that are perceived by some to impose excessive costs and burdens on the parties – especially on defendants, who often bear most of the costs and risks of antitrust litigation. The massive cost of “discovery” in U.S. antitrust cases drives much of the concern, but recent U.S. decisions have also been driven by concerns with the burdens of the class action process. High Cost of U.S. Litigation As anyone with exposure to U.S. litigation is aware, U.S. litigation typically involves a right by both parties to request the production of documents in the

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  • Gibson Dunn (New York)

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Eric Stock, The US Supreme Court shows in its recent antitrust decisions a concern about the burdens of US litigation process (Stolt-Nielsen / AnimalFeeds), 27 April 2010, e-Competitions April 2010, Art. N° 35750

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