Due Process and Production of Documents Stored Abroad: A Review of Antitrust Discovery Tools After Microsoft Ireland and the Cloud Act

By Valeria Losco & Terry Calvani – 

This article discusses one specific issue raised by new technologies in antitrust investigations: the production of documents stored abroad. Until recently government agencies could only request the production of documents available on the territory where they had jurisdiction, but new technologies have challenged the concept of what is “available” in a particular territory. Generally the governing law is silent in this respect. Over the last couple of years legislatures and courts around the globe have started to address this issue. This article reviews these recent developments, with a particular focus on U.S. antitrust proceedings and an overview of the main developments in Canada and Europe.

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