Pithy guidelines for recurring situations can also provide a handy way to remind those in your business what you expect. For example, guidelines on how to do benchmarking right and how to avoid potential anticompetitive pitfalls in trade association settings can be used repeatedly. Make it a practice to review sensitive documents such as strategy papers, marketing plans and agendas for trade association meetings before you put them into final form. If you'd be embarrassed to see the words on the front page of your local paper, don't say it or write it. Finally, develop a document retention plan and encourage your staff to follow it, so your files stay current.
Some antitrust issues require analysis and experience.
Pre-merger filings, criminal investigations and allegations of monopolization require the advice of seasoned outside antitrust counsel, one who understands a client's business and industry. Antitrust damages, if proven, are multiplied by three so violations can be very expensive. An ounce of prevention can prevent expensive heartache. Sharon Devine is associate general counsel for U S West, Inc., a telecommunications company headquartered in Denver. She has practiced law for 25 years, first with the Federal Trade Commission, and since 1982, for U S West.