Companies often believe that the only remedy for anti-competitive behavior comes from government intervention.
However, as a recent U.S. appeals court decision illustrates, private parties can obtain relief themselves, even against “consummated” mergers approved by government regulators.
This creative strategy is just one of many that companies can deploy by themselves when facing competitive challenges.
Section 1782 discovery in the United States is a powerful tool to access information and gain an edge in foreign proceedings.
However, the power of this tool and the ease in which it is granted invites parties to use it in service of goals completely unrelated to ongoing proceedings, such as a negative PR campaign.
Defeating a 1782 application is not easy, but there are counterarguments and cross-border tools available to fight back and turn the tables on an unscrupulous adversary.
Compared with UK discovery, with its limited scope and high costs, U.S. discovery can be a much more powerful and widely usable tool of enforcement.
U.S. Discovery, unlike UK discovery, is not limited to documents contained within its national borders.
Furthermore, documents discovered through U.S. discovery can often be used for purposes beyond those specifically identified in the original discovery application.
