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In re Air Cargo Shipping Services Antitrust Litigation

United States District Court for the Eastern District of New York

278 F.R.D. 51 (2010)

Facts

The United States Department of Justice (DOJ) (plaintiff) launched a criminal antitrust investigation into the activities of Société Air France (Air France) (defendant). The same activities formed the basis of civil antitrust claims. The DOJ obtained five boxes of Air France documents during its investigation. Air France withheld documents on the ground the production of the documents was prohibited by French law. French law contained a blocking statute, which prohibited parties from producing documents or information to use as evidence in foreign judicial or administrative proceedings other than under treaties such as the Hague Evidence Convention. The DOJ moved to compel Air France to produce the withheld documents. If Air France produced the documents, it would constitute a violation of the French blocking statute and expose Air France to potential criminal sanctions. The documents were undisputedly relevant to the investigation.

Rule of Law

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Issue

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Holding and Reasoning (Pohorelsky, J.)

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