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Distribution, Competition, and Antitrust / IP Law

Joint Defense Agreements as Evidence of Conspiracy?

 

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Filename Joint-Defense-Agreements-as-Evidence-of-Conspiracy-ABTL-Column-_9_2001_.pdf
filesize 95.03 kB
Version 1
Date added July 21, 2015
Downloaded 504 times
Category Agreements

Here’s a little puzzle: if you enter into a joint defense agreement with your competitors, either to prosecute or defend an action, can that joint defense agreement later be used against you as evidence of an antitrust conspiracy? The issue is worth pondering, because these arrangements can raise concerns about information sharing, joint negotiation, and even broader antitrust offenses.

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