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About Concurrent Antitrust Criminal and Civil Proceedings
Concurrent Antitrust Criminal and Civil Proceedings: Identifying Problems and Planning for Success offers guidance for practitioners dealing with parallel criminal and civil antitrust cases, which occur when criminal law enforcement authorities and civil private parties initiate proceedings arising from the same or closely similar facts. These dual proceedings have become increasingly prominent in today's legal environment, and with increasingly active foreign competition authorities, are likely to continue to play an important role in the antitrust and competition environment.
Inside counsel and private lawyers who are encountering parallel proceedings, or the potential for parallel civil and criminal proceedings, for the first or second time will find this book extremely valuable. Concurrent Antitrust Criminal and Civil Proceedings will provide a framework for lawyers, whether representing plaintiffs of defendants, to think about and plan for litigation in a dual proceedings context. Attention focuses more on structural and strategic issues than on checklists. Instead, main strategic topics are surveyed, analyzed and the key decisional issues are discussed. It is aimed less at doctrinal exposition than providing a practical framework for analysis. For the same reasons, this monograph is not a comprehensive discussion of all possible issues -- it is a concise introduction.
The book looks at federal antitrust investigations and cases, typically involving price-fixing, brought criminally by the Antitrust Division of the United States Department of Justice and civilly by private plaintiffs seeking treble damages for injuries. There are other scenarios for dual proceedings, but this is the most common and provides a good model for thinking about other scenarios. The most salient issues and risks that private attorneys can face in both prosecuting and defending a client involved in parallel proceedings are examined with some of the implications of paths in criminal defense for the civil proceedings considered.
The book's chapters highlight the following topic areas:
The Effect of Parallel Criminal Proceedings on the Filing and Transfer of Civil Antitrust Cases
Motions to Stay Civil Proceedings During the Pendency of a Criminal Proceeding
Statute of Limitations and Tolling in Parallel Proceedings
Fifth Amendment Issues
The Effect of Criminal Guilty Pleas in Subsequent Civil Litigation
The Civil Discovery Implications of Federal Rule of Criminal Procedure 6(e)
Discovery of Materials Arising from Antitrust Investigations by the European Union and Other Sovereigns
The Effect of the Antitrust Criminal Penalty Enhancement and Reform Act (ACPERA) on Parallel Proceedings