Analysis

What Kirby — Antitrust Defense Guide Should Explain Before a Visitor Calls

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

July 2026 · 6 min read · Federal Defense Network, Former Federal Prosecutor
# What Kirby — Antitrust Defense Guide Should Explain Before a Visitor Calls When a potential client lands on the Kirby — Antitrust Defense Guide page, they are likely under significant pressure. A grand jury subpoena has arrived. The FTC has opened a civil investigation. A competitor has filed a private treble-damages suit. In these moments, information is not just power—it is the foundation of trust. Before that visitor picks up the phone, the guide must answer three essential questions: *Can you help me? What will this cost? What happens next?* Here is what every antitrust defense resource should clarify before the first conversation begins. ## Building Trust Through Transparency Antitrust defense is uniquely intimidating. Federal investigations can span years, involve dozens of witnesses, and expose executives to criminal liability. Trust starts with demystifying the process. The guide should clearly explain: - **Attorney-client privilege** – What is protected from the moment of first contact, and what is not. For example, discussing the underlying conduct with a lawyer before a subpoena arrives offers stronger protection than after. - **Experience with enforcers** – Firms should disclose how often they handle DOJ Antitrust Division matters versus FTC Bureau of Competition cases. The rules differ: DOJ brings criminal charges (price-f
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