The US District Court for the Eastern District of New York authorizes disclosure of portions of the grand jury testimony of two witnesses who had testified during the criminal investigation in the consolidated civil antitrust cases challenging alleged collusion in air cargo charges (Air Cargo Shipping Services)

The U.S. magistrate judge in the consolidated civil antitrust cases challenging alleged collusion in air cargo charges has authorized disclosure of portions of the grand jury testimony of two witnesses who had testified during the criminal investigation conducted earlier by the U.S. Department of Justice Antitrust Division. The case is In re Air Cargo Shipping Services Antitrust Litigation, No. 06-MD-1775 (EDNY). This decision allowing disclosure of grand jury testimony is a reminder that grand jury "secrecy" is relative. When a company's employee testifies before a grand jury, there is a palpable risk that the testimony will be subject to possible disclosure in related civil litigation. However, this Air Cargo decision is more noteworthy for the fact that DOJ joined plaintiffs'

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John M. Majoras, Stephen J. Squeri, The US District Court for the Eastern District of New York authorizes disclosure of portions of the grand jury testimony of two witnesses who had testified during the criminal investigation in the consolidated civil antitrust cases challenging alleged collusion in air cargo charges (Air Cargo Shipping Services), 24 October 2012, e-Competitions Due Process Research Program, Art. N° 49837

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