Analysis

Before You Call an Antitrust Defense Team: A Plain-English Prep Guide

By John D. Kirby, Former U.S. Federal Prosecutor ·

July 2026 · 6 min read · Federal Defense Network, Former Federal Prosecutor

Antitrust matters rarely arrive with a warning label. One day a company is negotiating a merger, the next it receives a civil investigative demand, or a competitor files suit alleging price coordination. By the time a business leader starts searching for counsel, the clock is already running and the stakes are high. Knowing what to expect before you reach out to a law office can make the first conversation far more productive.

The first thing to understand is that antitrust defense is not a single service. It spans criminal and civil investigations, merger review, competitor litigation, and compliance counseling. A firm that handles one of these well may not be the right fit for another. When you contact a defense team, be ready to describe the situation in plain terms: who is involved, what government agency or private party has raised concerns, what deadlines have been mentioned, and what documents you have already received.

Confidentiality is often the unspoken worry. Prospective clients hesitate because they are not sure whether early conversations are protected. A reputable firm will explain the scope of attorney-client privilege and any limits before you share sensitive details. Ask directly how preliminary communications are handled. Clarity on this point builds the trust needed to have a candid discussion.

Cost is the other subject people avoid. Antitrust defense can involve extensive document review, expert economists, and multi-year timelines. Rather than guessing, ask how the firm structures fees, what a realistic budget looks like for a matter like yours, and what milestones tend to drive cost. A good firm will not promise a number it cannot defend, but it should give you a framework for planning.

Common questions worth raising in an initial consultation include: How many antitrust matters has the team handled that resemble mine? Who will actually do the work day to day? What is the likely sequence of events over the next thirty, sixty, and ninety days? What should I do — or stop doing — immediately to avoid making things worse? These questions signal that you are serious and help the attorney give you useful guidance rather than a generic pitch.

It also helps to prepare your own materials. Gather contracts, correspondence, internal policies, and any regulatory notices. You do not need to hand everything over on the first call, but having a clear picture of what exists will let the attorney assess urgency accurately.

Finally, remember that the goal of the first contact is not to hire someone on the spot. It is to determine whether the firm understands your situation, communicates clearly, and gives you a realistic sense of next steps. A useful starting point for understanding how these initial conversations typically work can be found in this legal guide on preparing to contact a law office. Walk in prepared, ask direct questions, and let the answers guide your decision.

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