NCJ Number
55369
Journal
Loyola of Los Angeles Law Review Volume: 11 Issue: 3 Dated: (JUNE 1978) Pages: 513-535
Date Published
1978
Length
23 pages
Annotation
REASONS BEHIND THE COMPLEXITY OF MANY ANTITRUST CASES ARE EXPLORED, AND PROCEDURAL REFORMS THAT COULD REDUCE WASTEFUL LITIGATION ACTIVITY ASSOCIATED WITH LARGE ANTITRUST CASES ARE SUGGESTED.
Abstract
PROCEDURAL REFORM CAN HAVE ONLY A LIMITED EFFECT ON THE SIZE AND COMPLEXITY OF ANTITRUST LITIGATION, BECAUSE TO A LARGE EXTENT THESE CONDITIONS ARE PREDETERMINED BY THE NATURE OF SUBSTANTIVE ANTITRUST LAW AND BY THE AD HOC APPROACH TAKEN BY THE COURTS TO EVALUATING ANTITRUST CLAIMS. BUT WITHIN THESE LIMITATIONS, SEVERAL STEPS COULD BE TAKEN TO EXPEDITE LARGE CASES. THE MANAGEMENT OF INDIVIDUAL CASES MIGHT BE IMPROVED IN THE FOLLOWING WAYS: ESTABLISHING A ROSTER OF JUDGES WHO ARE PREPARED TO OVERSEE THE DEVELOPMENT OF COMPLEX CASES; USING MAGISTRATES IN CASES THAT DO NOT REQUIRE JUDICIAL EXPERTISE; IMPOSING JUDICIAL CONTROLS ON DISCOVERY; ASSURING EARLY IDENTIFICATION AND DISPOSITION OF CRITICAL LEGAL ISSUES; USING NONTRIAL JUDGES, MAGISTRATES, OR MASTERS TO GUIDE SETTLEMENT DISCUSSIONS BETWEEN DISPUTANTS; SETTING FIRM AND REALISTIC TRIAL DATES; AND EXPEDITING TRIALS BY RATIONALIZING AND SIMPLIFYING THE WAY IN WHICH INFORMATION IS PRESENTED TO JURIES. IN ADDITION TO CASE MANAGEMENT TECHNIQUES, STEPS COULD BE TAKEN TO REDUCE THE DUPLICATION OF ACTIVITY THAT ARISES WHEN A FLOOD OF PRIVATE SUITS FOLLOWS A MAJOR GOVERNMENT ANTITRUST ACTION. THE EXTENT TO WHICH AN ANTITRUST DEFENDANT THAT HAS BEEN SUED SUCCESSFULLY BY THE GOVERNMENT MAY REARGUE ITS CASE IN SUBSEQUENT, PRIVATE LITIGATION COULD BE LIMITED. POLICIES AND PROCEDURES COULD BE ADOPTED TO ASSURE THAT INFORMATION ACCUMULATED BY THE GOVERNMENT IN ANTITRUST LITIGATION IS MADE AVAILABLE TO PRIVATE LITIGANTS.