An antitrust inquiry rarely arrives at a convenient moment. It may begin with a civil investigative demand, a subpoena, a competitor's complaint, or a quiet request for documents. For executives and general counsel, the first hours matter, and the first questions are predictable. A Kirby — Antitrust Defense Guide legal guide should address those questions directly, so decision-makers know what they are facing and what to do next.
Understand what kind of matter you have
Antitrust matters come in several forms, and the defense strategy differs for each. Civil litigation between private parties, government enforcement by federal or state agencies, and merger review all follow different procedural paths. Knowing which track you are on determines deadlines, disclosure obligations, and the tone of your response. Before calling counsel, gather the basic facts: who issued the request, what conduct or transaction is at issue, and what deadline applies. That information lets a defense team give you useful guidance on the first call rather than a generic overview.
Preserve documents and communications immediately
One of the most consequential early steps is a litigation hold. Relevant emails, messages, drafts, and internal analyses must be preserved once a dispute is reasonably anticipated. Spoliation — the loss or destruction of evidence — can seriously damage a defense, even when the loss was accidental. A clear, documented preservation process is a sign of a well-prepared organization and one of the first things experienced defense counsel will ask about.
Ask about experience with your specific issues
Antitrust covers a wide range of conduct: pricing practices, exclusivity arrangements, distribution restrictions, competitor collaborations, and merger clearance. A firm's general litigation reputation is not the same as specific antitrust experience. Ask prospective counsel about matters similar to yours, the agencies involved, and how the engagement would be staffed. Clarity on who does the work and how fees are structured is as important in antitrust defense as in any other legal engagement.
Know the questions to ask on the first call
Prepare a short list: What is the likely timeline? What are the immediate deadlines? Who needs to be interviewed internally? What should we say to employees? What are the ranges of possible outcomes? A good defense team will welcome these questions and give straight answers, including about cost. Confidentiality and privilege should also be discussed early, so internal communications are handled correctly from the start.
Build a coordinated response
Antitrust defense is rarely a solo effort. It usually involves outside counsel, in-house legal, compliance, and sometimes communications and economics experts. The earlier these parties are aligned, the fewer missteps occur. A clear internal point of contact and a single channel for document collection help keep the response organized.
For a general framework on evaluating legal providers — including questions about fees, staffing, and fit — this guide to choosing a legal service is a useful starting point. In antitrust matters, early clarity about the process, the deadlines, and the team is not a luxury. It is the foundation of a credible defense.