Antitrust Defenses

If the statutory provisions of the antitrust laws seem unclear or confusing to you, wait until you hear some of the nuanced defenses that have been successful in the past. Defending against a charge of antitrust violation requires a skilled and experienced attorney who can successfully navigate the relevant codes and the trial setting to put on a viable defense. The attorneys at Parkman White, LLP specialize in antitrust litigation, and are experts in the field criminal corporate and individual prosecutions under federal antitrust law.

Since the Sherman Antitrust Act makes many anti competitive practices illegal per se (i.e. a bright line rule that certain conduct is prohibited such as price-fixing, bid-rigging, etc.), often the best defense is that said conduct never occurred at all. For instance, if uniform prices in an industry compel an investigator to look into the possibility of collusion, and an indictment is issued, then an innocent vendor will defend on the grounds that no agreement ever existed. His defense will probably be aided by some other grounds of explanation for the uniformity of price. Remember, the “I didn’t do it” defense is good, but works best when accompanied by the “here’s why you thought I did” explanation.