Antitrust Considerations For Government Contractors

By Peter Levitas and Francesca Pisano (October 3, 2018, 1:04 PM EDT) -- Companies that engage in government contracting, particularly in the defense industry, face sector-specific antitrust compliance challenges and must navigate carefully to manage antitrust risk across a range of business conduct. First, antitrust merger review in this space has a distinct feature — the U.S. government is often the sole or primary buyer — which has a significant impact on which deals are challenged and how remedies are structured. Second, industry participants commonly enter into teaming agreements, which often generate pro-competitive benefits but also require careful antitrust analysis. Third, contractors must be sensitive to antitrust risk associated with personnel issues, including in particular the risk generated by agreements among competitors or potential competitors not to solicit or hire each other's employees....

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