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Corbitt, Craig C.; Zahid, Judith A.; Clayton, Patrick B. --- "Pre-complaint Activities" [2012] ELECD 846; in Foer, A. Albert; Stutz, M. Randy (eds), "Private Enforcement of Antitrust Law in the United States" (Edward Elgar Publishing, 2012)

Book Title: Private Enforcement of Antitrust Law in the United States

Editor(s): Foer, A. Albert; Stutz, M. Randy

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9780857939593

Section: Chapter 2

Section Title: Pre-complaint Activities

Author(s): Corbitt, Craig C.; Zahid, Judith A.; Clayton, Patrick B.

Number of pages: 21

Extract:

2 Pre-complaint activities
Craig C. Corbitt, Judith A. Zahid, and
Patrick B. Clayton1


§ 2.01 Introduction
§ 2.02 Meeting clients: Class and non-class actions
§ 2.03 Ethical restrictions and fee arrangements
§ 2.04 Investigative tools
§ 2.05 Financial considerations
§ 2.06 Defining the claims to be asserted
§ 2.07 Anticipating defenses
§ 2.08 Deciding where to file the case
§ 2.09 Conclusion

§ 2.01 Introduction

The lofty goals of antitrust are not self-executing. They require careful planning and prep-
aration by plaintiffs' counsel and the client. Most antitrust litigation is highly complex,
takes years to resolve, and is very expensive. Success in an antitrust case starts with the
right plaintiff, with the right claim. This chapter describes how private antitrust litigation
typically begins, including client contact and retention, pre-filing investigation, and stra-
tegic considerations that typically are considered in determining the specific claims to file,
and equally importantly, where to file them.2

§ 2.02 Meeting clients: Class and non-class actions

There are two common ways for the potential antitrust plaintiff and the antitrust
lawyer to get together. First, a potential plaintiff who perceives an unfair competition
issue may contact an antitrust lawyer, either directly or through a referral from a non-
antitrust lawyer, to find out whether there is a basis for a claim. Second, especially in
class actions, an antitrust lawyer who is aware of a potential claim may search for a
potential plaintiff, subject to certain ethical restrictions discussed below. The former
...