Antitrust E-Discovery

E-discovery often plays a critical role in the outcome of antitrust matters. The size, scale, and document-intensive nature of most antitrust matters — litigation, mergers, and investigations — requires that we take a strategic approach to efficiently discover critical facts and put them into usable perspective. Our team is on the cutting edge of e-discovery technology, as shown, for example, by our ability to collect, review, and produce more than 170 million pages in connection with a second request response in a major telecommunications merger in only 90 days. Our lawyers have been able to use their experience with regulators and technology to get out in front of investigations and respond in numerous matters within weeks of receiving requests for documents.

Effective use of e-discovery technology goes beyond responding to requests for documents or efficiently reviewing high volumes of electronic materials produced by other parties. As a proactive measure, we offer an innovative e-discovery audit, designed to assess the readiness of each company's technology systems and electronic document practices to respond to e-discovery requests. Based on the audit results, we offer specific solutions to reduce the potential for spoliation of electronic documents (and the accompanying sanctions that could result), and advice on updated document retention practices. This approach can sharply reduce the overall burdens of complying with e-discovery requests.

We also offer a variety of alternative fee arrangements to provide greater budget certainty, and provide the proper project management and oversight to all aspects of the review. Through these, we ensure that the process is both efficient and effective in advancing our clients' substantive positions.


  • United Technologies' acquisition of Goodrich
  • AT&T's proposed acquisition of T-Mobile
  • Rio Tinto's divestiture of its Jacob Ranch mine
  • AT&T's acquisition of Centennial Wireless
  • Reed Elsevier's acquisition of ChoicePoint
  • AT&T's acquisition of BellSouth
  • SBC Communications acquisition of AT&T
  • SBC Communications' and Cingular Wireless's acquisition of AT&T Wireless
  • Pratt & Whitney's acquisition of Boeing's Rocketdyne business unit

In addition to these second requests, we have handled the e-discovery aspects of numerous government investigations in telecommunications, chemicals, aerospace, and other industries.

For more information, visit Crowell & Moring's E-Discovery & Information Management Group.