When facing antitrust allegations, businesses must act swiftly to preserve evidence and engage legal counsel. Immediate steps include halting document destruction, securing relevant records, and conducting internal investigations to assess potential violations. For example, if accused of price-fixing, a company should retain emails and meeting notes demonstrating independent pricing decisions. Consulting experienced antitrust attorneys ensures a proper legal strategy, such as challenging claims based on standing or statutory limitations.

Legal defenses carry based on jurisdiction. Common arguments include the lack of standing, absence of collusion, or procompetitive justifications (e.g., cost efficiencies benefiting consumers). In California, enforcement is strict with potential civil lawsuits, criminal charges, and treble damages for plaintiffs. A company accused of market manipulation may defend itself by showing that pricing decisions were driven by market conditions rather than illicit agreements.

To mitigate risks, businesses should implement compliance programs that prohibit discussions of pricing, market allocation, or customer exclusion with competitors. Training employees to recognize and report antitrust risks, such as exiting improper conversions during trade association meetings is crucial. Maintaining accurate documentation, including meeting minutes and compliance reports, helps establish a defense if allegations arise.

If investigation occurs cooperation with authorities while avoiding speculative statements is essential. Businesses may consider negotiating settlements to reduce penalties or prepare for litigation by emphasizing independent decision-making and consumer benefits. Violations carry severe consequences, including fines of up to $100 million, imprisonment, and treble damages. By proactively implementing compliance measures and legal strategies, companies can navigate antitrust challenges while minimizing legal and financial exposure.