In this article, Members Lauren Briggerman, Ann Sultan, and Kathryn Cameron Atkinson and Associate Alexandra Prime* discuss the challenges outside counsel face in conducting internal antitrust investigations, particularly given the U.S. Department of Justice's (DOJ) sharpened focus on individual accountability and antitrust wrongdoing in the healthcare space. The authors review the critical stages of internal investigations into potential antitrust violations and provide suggestions for outside counsel in managing potential legal, ethical, and practical issues at each stage. "Foresight and planning for these potential ethical issues can help counsel react quickly and seamlessly to complicating factors as they arise during an internal investigation, notably the uncovering of evidence that could implicate the company’s general counsel or board of directors in the alleged wrongdoing," the authors wrote.

*Former Miller & Chevalier attorney