DOJ Stays Are Often Unfair To Private Antitrust Plaintiffs

Law360, New York (March 3, 2014, 5:54 PM EST) -- In recent years, the U.S. Department of Justice has increasingly sought and successfully obtained full or partial discovery stays of private litigation during the pendency of its criminal proceedings. While this growing trend does offer some additional safeguards to the secrecy and integrity of grand jury proceedings, it can also unduly interfere with the just and efficient adjudication of private antitrust claims.

These claims are often the primary, if not only, means for victims of anti-competitive conduct to obtain restitution. To be sure, when the government...
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