Responding to Government Antitrust Investigations

A government antitrust investigation can be initiated by the DOJ Antitrust Division, the FTC, or the Maryland Attorney General’s Consumer Protection Division. Federal investigations may begin with a civil investigative demand, a grand jury subpoena, or a formal complaint. State investigations in Maryland are conducted by the Attorney General’s office and may proceed independently or alongside federal action.

Upon receiving any government inquiry, businesses should immediately implement a litigation hold to preserve relevant documents and avoid spoliation findings, which occur when evidence is destroyed after a preservation obligation attaches. The Brennan Law Firm, LLC guides businesses through agency inquiries with a focus on clarity, compliance, and risk mitigation at every stage of the investigative process.

Counsel plays a critical role in negotiating the scope of document requests, preparing witnesses for interviews, and assessing whether cooperation, settlement, or a contested defense is the appropriate response given the specific facts and agency involved. The resolution of a government investigation may take the form of a consent decree, civil penalty, criminal plea, or dismissal. How a business responds in the early stages can significantly affect where that process ends.