In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation
United States District Court for the Eastern District of New York
2010 WL 3420517 (2010)
Facts
American authorities (Americans) (plaintiffs) were engaged in federal-court antitrust litigation against Visa and MasterCard (defendants). The Americans requested discovery of specified transcripts and pleadings from separate European proceedings against the two companies. Although the Americans expected that these documents would be helpful, they had other ways to obtain similar information. When Visa and MasterCard objected to the Americans’ request, the Americans filed a motion to compel cross-border discovery. The European Commission appeared as amicus curiae and opposed the motion on the grounds that preserving the confidentiality of investigatory documents, such as those the Americans were demanding, was central to the European strategy of encouraging corporate cooperation with official investigations.
Rule of Law
Issue
Holding and Reasoning (Gleeson, J.)
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