Discovery in antitrust class actions is, in many respects, no different from that in any other type of class action litigation. In certain respects, however, discovery in antitrust class action litigation is fueled by unique considerations that dictate tactical decision-making on pivotal procedural matters. Class certification, which often decides the fate of a case, lies at the crux of these tactical decisions that shape the scope, timing and contours of discovery. Because no fixed certification"stage" exists in antitrust litigation, parties often jostle over the structure and sequencing of class and merits discovery. The scope of permissible discovery is theoretically as broad as the parties' construction of relevant issues, and discovery can proceed in wholesale fashion unless the court suspends it for particular aspects of the case. In practice, however, parties to antitrust class actions are confronted early in the proceedings with whether and how to stagger discovery phases.
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