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Business Articles Awards > Procedure

Antitrust and Due Process

Christopher Hockett, American Bar Association, Antitrust, Vol. 28, No. 2, April 2014

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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.The mixed outcomes of recent cartel trials underscore

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