The US Court of Appeals for the 7th Circuit rejects a claim of collusion in the text messaging sector and reminds the limits of "hot" documents (Text messaging antitrust litigation)

Collusion Course: The Limits of Hot Documents* Discovery in antitrust cases often involves a search for smoking-gun documents. Those documents can consist of emails proving that competitors conspired to raise prices, removing the difficulties faced by prosecutors or civil plaintiffs in proving actual injury to competition. Such precious nuggets lead inexorably to near-automatic liability for the defendants. But what if the nugget turns out to be fool’s gold? Such a not-so-hot document underpinned the

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  • BakerHostetler (Washington)

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Lee Simowitz, The US Court of Appeals for the 7th Circuit rejects a claim of collusion in the text messaging sector and reminds the limits of "hot" documents (Text messaging antitrust litigation), 9 April 2015, e-Competitions Bulletin Burden of proof, Art. N° 74079

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