Dodging Antitrust Risk During Claims Collaboration

Law360, New York (September 18, 2012, 3:32 PM EDT) -- "Don’t discuss business with competitors!" Corporate legal officers continually repeat that admonition, fearful that claims of antitrust law violations may follow whenever their employees meet or talk with employees of a competitor.

In most circumstances, the admonition is sound advice. The antitrust laws impose stiff penalties for collusion among competitors: prison sentences and fines for the individuals involved, stiff fines for the company and private lawsuits seeking massive damages claims. Even if the company defends itself successfully, the defense of a price-fixing claim can be massively...
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