Carl Steinhouse


The typical grand jury antitrust investigation is a laborious process which takes from a minimum of six months to as much as several years to complete. Accordingly, it is an expensive and time consuming process not only to the grand jurors and the government, but also to corporations and other persons under investigation, and the courts. For this reason, antitrust grand jury investigations are not lightly undertaken, and they require specific authorization by the Assistant Attorney General. The process from the inception of the investigation through the return of an indictment is somewhat involved and, in many aspects, unique to antitrust. Thus, it is important for an attorney whose client may be called to testify (either as one under active criminal antitrust investigation or as a witness) to understand the procedures of its various phases and the methods available for either demonstrating the client's story of purity and innocence or protecting the client's rights, as the case may be. This article will outline the basic antitrust grand jury procedures from the inception of an investigation to the return of an indictment or no bill by the grand jury.