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Antitrust for Kids: If You Write A Bad Note, Live with It: Document Preservation in Antitrust Cases

 |  April 13, 2023

By: Molly Donovan (The Antitrust Attorney)

In this new installment of Antitrust for Kids, author Molly Donovan introduces us to Gordon. Gordon was the undisputed market leader – dominant in his 5th grade class. He had the most friends, and was the best runner. He was smart, earned frequent praise from teachers and peers alike, and was always chosen first to play the lead in the school play.

Then one day, Gordon’s teacher did something unexpected: accused him of cheating. Rather than playing fair, Gordon had excluded a new student, Samuel, from the playground races at school. Samuel was great at running too, showing great promise in track and field. Gordon hated to admit that he might even be better than him, and felt this new entrey was a threat to his position. Although he knew it was wrong, Gordon wrote a number of notes to classmates telling them to exclude Samuel from all playground races. His teacher, of course, found one of those notes…