Antitrust and Due Process

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28 Antitrust No. 2, American Bar Association

This issue of antitrust is devoted to trying cartel cases. Most of the trials addressed in these pages have taken place in U.S. courts, which follow well-established procedural rules that provide extensive discovery rights prior to trial and ensure that parties have the ability at trial to confront and cross-examine adverse witnesses. In addition, the party bringing the claims, whether it is the government or a private civil plaintiff, must convince a neutral decision maker—either a judge or jury—that a cartel existed and that the defendants participated in it.

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