Joint Defense Agreements in Antitrust Litigation

Summary

Antitrust cases often involve multiple parties with aligned interests, so joint defense groups frequently develop. This practice note addresses the key things to know and consider with respect to joint defense groups in antitrust litigation including an overview of the legal background, discussion of the scope of the joint defense privilege, benefits and risks of participating in a joint defense group, and common provisions to consider when drafting a joint defense agreement. This practice note addresses both civil litigation and criminal cases.