Antitrust Issues Teaming Agreements

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This is especially important for higher-risk team agreements, for example. B those for which both companies are able to apply for the market independently and where there is limited alternative competition for the offer. Second, consider drawing the client agency`s attention in advance to the teaming agreement – as with mergers and acquisitions, it is less risky to enter into a team agreement if the client supports it positively, or at least does not contract it. Finally, make sure that the area of cooperation between the two companies is strictly limited to what is necessary for the implementation of the common offer. For example, don`t let cooperation “spread” to other areas where companies may still compete, don`t disclose confidential business information that has nothing to do with the team agreement, and don`t agree to restrict or restrict competition to other offerings. Convincing the main customer to back a deal makes it much more likely that antitrust authorities won`t challenge the deal.