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Antitrust Counseling and Litigation Techniques

Antitrust Counseling and Litigation Techniques

The practical guide to corporate antitrust counseling and successful antitrust litigation


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Publisher :Matthew Bender
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    The practical guide to corporate antitrust counseling and successful antitrust litigation with contributions from over 50 leading practitioners in the field.

    The set complements von Kalinowski's treatise on antitrust, covering:

  • Counseling--the relationship between outside and in-house counsel; document control; antitrust compliance programs; corporate mergers and acquisitions; terminating dealers and distributorships; franchising; and international antitrust, health care, intellectual property
  • Private Civil Actions--with step-by-step guidance through all stages of litigation
  • Government Civil Actions including civil enforcement by the Antitrust Division and Federal Trade Commission Proceedings
  • Criminal Antitrust Litigation, with practical material on: Criminal Investigations, Counseling the Antitrust Grand Jury Witness, Motion Practice, Post-Indictment Pre-Trial Procedure, Trial, and Sentencing under the 1989 guidelines

    First published in 1984.

    5 Volumes; Looseleaf; updated with revisions.

    View Chapter Excerpt

    • VOLUME 1

    PART I COUNSELING
    Chapter 1 The Relationship Between Inside and Outside Counsel
    Chapter 2 State Antitrust Enforcement
    Chapter 3 Information Management and Document Control
    Chapter 4 Government Enforcement: Complying With Government Requests for Information
    Chapter 5 Antitrust Compliance Programs
    Chapter 6 [Reserved]
    Chapter 7 A Counselor’s Guide to Analyzing Price and Pricing Practices
    Chapter 8 Corporate Mergers and Acquisitions
    Chapter 9 Franchising: Antitrust Considerations

    VOLUME 2

    Chapter 10 Terminating Distributor Relationships
    Chapter 11 How to Analyze Dual Distribution and Vertical Integration Problems
    Chapter 12 Health Care and Antitrust
    Chapter 13 The Interface Between Antitrust Principles and Those of Intellectual Property Law
    Chapter 14 Litigating International Antitrust Cases: The Practitioner’s Viewpoint
    Chapter 15 International Discovery in Antitrust Litigation
    Chapter 16 Counseling the Foreign Multinational on United States Antitrust Laws
    Chapter 17 Standard-Setting Associations and Antitrust Liability
    Chapter 18 Merger and Acquisition Antitrust Fundamentals: A Practical Guide
    Chapter 19 Nonprice Horizontal Restraints

    VOLUME 3

    PART II PRIVATE CIVIL ACTIONS
    Subpart A Pretrial Techniques
    Chapter 20 Alternatives to Litigation
    Chapter 21 Antitrust Pleadings
    Chapter 22 Discovery in Antitrust Cases
    Chapter 23 Pretrial of Antitrust Cases
    Chapter 23A Practice Before the Judicial Panel on Multidistrict Litigation
    Chapter 23B Class Actions
    Chapter 24 Criminal Rights in Civil Antitrust Litigation: Grand Jury Secrecy and the Right Against Self-Incrimination
    PART II PRIVATE CIVIL ACTIONS
    Subpart B Trial Techniques
    Chapter 25 The Motion to Strike the Jury Demand in a Complex Case
    Chapter 26 Trial Organization and Management
    Chapter 27 Jury Selection: The Rules and Practicalities
    Chapter 28 The Use of Behavioral Science in Antitrust Litigation
    Chapter 29 The Future of Demonstrative Exhibits in Antitrust Cases

    VOLUME 4

    Chapter 30 Trial Consequences of Burden of Proof
    Chapter 31 Use of Depositions at Trial
    Chapter 32 Circumstantial Evidence
    Chapter 33 The “Business Records” Exception to the Hearsay Rule
    Chapter 34 Coconspirators’ Statements and Other Extra-Judicial Admissions
    Chapter 35 Presenting Technological Evidence in Antitrust Cases
    Chapter 36 Economic Evidence and Economic Experts in Antitrust Litigation
    Chapter 36A The Use of Economists in Antitrust Litigation: Economist’s Perspective
    Chapter 37 The Use of Experts in Antitrust Litigation
    Chapter 38 Cross-Examination
    Chapter 39 The Use of State-of-the-Art Technology in Antitrust Litigation
    Chapter 40 Judgment as a Matter of Law in Jury Trials and Judgment on Partial Findings in Court Trials
    PART II PRIVATE CIVIL ACTIONS
    Subpart C Remedies
    Chapter 41 [Reserved]
    Chapter 42 Damages
    PART III GOVERNMENT CIVIL ACTIONS
    Subpart A Enforcement by the Antitrust Division
    Chapter 43 [Reserved]
    Chapter 44 Civil Investigative Demands
    Chapter 45 Consent Judgments
    Chapter 46 [Reserved]
    Chapter 47 Defending Against a Government Motion for a Preliminary Injunction: A Case Study
    PART III GOVERNMENT CIVIL ACTIONS
    Subpart B Federal Trade Commission Proceedings
    Chapter 48 Federal Trade Commission Investigations
    Chapter 49 FTC Non-Adjudicative Proceedings: Consent Order Proceedings and Rulemaking
    Chapter 50 Federal Trade Commission Antitrust Adjudicative Enforcement Proceedings
    Chapter 51 The FTC as a Federal Court Litigant

    VOLUME 5

    PART IV CRIMINAL ACTIONS
    Subpart A Introduction
    Chapter 52 Introduction to Criminal Antitrust Litigation
    PART IV CRIMINAL ACTIONS
    Subpart B The Investigation
    Chapter 53 Responding to a Grand Jury Investigation
    Chapter 54 Responding to a Subpoena Duces Tecum
    Chapter 55 Defending a Subject or Target of an Antitrust Grand Jury Investigation
    Chapter 56 Counseling the Antitrust Grand Jury Witness
    Chapter 57 Special Problems in Representing an Individual During an Antitrust Grand Jury Investigation
    PART IV CRIMINAL ACTIONS
    Subpart C Pretrial Procedure
    Chapter 58 Motion Practice During an Antitrust Grand Jury Investigation
    Chapter 59 Defense of a Criminal Case: Post-Indictment Pretrial Procedure
    Chapter 60 Defense of a Criminal Antitrust Case: Discovery
    PART IV CRIMINAL ACTIONS
    Subpart D The Trial
    Chapter 61 Multiple Representation in a Criminal Trial
    Chapter 62 The Criminal Antitrust Trial
    Chapter 63 [Reserved]
    Chapter 64 [Reserved]
    PART IV CRIMINAL ACTIONS
    Subpart E Post-Trial Procedures
    Chapter 65 Sentencing
    Index

     

    Julian O. von Kalinowski


    The late Julian O. von Kalinowski, or Kali, was the original author of Antitrust Laws and Trade Regulation, the most authoritative antitrust treatise available. Kali was also the author of Antitrust Laws and Trade Regulation: Desk Edition, and general editor of Antitrust Counseling and Litigation Techniques.

    Mr. von Kalinowski was a senior partner with Gibson, Dunn & Crutcher, one of the nation's leading law firms, and was chairman of its Executive Committee. During that time, he specialized in complex litigation, including antitrust matters.

    Mr. von Kalinowski was a past chairman of the American Bar Association's Section on Antitrust Law and a Fellow of both the American College of Trial Lawyers and the American Bar Foundation. He was also past chairman of the Complex Litigation Committee of the American College of Trial Lawyers. In addition, Kali served as a United Nations Expert on Mission to the People's Republic of China, lecturing on the transfer of Technology and assisting the Republic in the development of its patent code.

    Mr. von Kalinowski passed in February of 2012. The other authors of his treatises will sorely miss his input, but will maintain the standard of excellence that Kali set in his honor.

     

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