Affirmative Defenses in Antitrust Cases Checklist

Summary

This Affirmative Defenses in Antitrust Cases Checklist will help you decide which affirmative defenses to include when responding to a complaint or counterclaim in a federal antitrust suit. The checklist begins with a discussion of the applicable pleading requirements and then considers the need to distinguish between affirmative and negative defenses to determine who bears the burden of proof. The balance of the checklist identifies affirmative defenses that might apply. This checklist focuses on affirmative defenses peculiar to antitrust cases; you should also consider whether other affirmative defenses generally applicable in litigation apply.