When facing antitrust allegations, crossclaims offer a powerful tool to shift liability, assert contribution rights, and strengthen your defense strategy. Here's how to use them effectively.

Antitrust litigation often involves complex, high-stakes accusations of collusion, price-fixing, and monopolistic behavior. When multiple defendants are implicated, crossclaims become a critical part of the defense arsenal.

This article explores how to strategically use crossclaims in antitrust cases—helping defendants shift liability, seek contribution, and navigate the intricate legal landscape of competition law.

1. What is a Crossclaim in Antitrust Litigation?

A crossclaim allows one defendant to assert a claim against another defendant within the same lawsuit. In antitrust cases, crossclaims typically focus on:

• Shifting liability for anti-competitive behavior

• Seeking indemnity or contribution for damages

• Strategically defending against the plaintiff’s allegations

Example: If Defendant A is sued for participating in a price-fixing scheme, but believes Defendant B initiated or primarily controlled the conduct, A can file a crossclaim against B for indemnity or contribution.

2. Key Elements of a Crossclaim in Antitrust Cases

a. Allegations of Anti-Competitive Conduct

Specify:

• The type of behavior (e.g., price-fixing, market allocation, bid-rigging)

• The co-defendant’s specific role

b. Legal Basis for the Crossclaim

Ground your crossclaim in:

• Conspiracy

• Monopolization

• Contribution/Indemnification principles

c. Damages and Impact

Explain:

• Economic harm (lost profits, market share)

• Legal exposure (potential antitrust penalties)

d. Request for Relief

Demand:

• Full indemnity

• Partial contribution

• Reduction or dismissal of your liability

3. Example of a Crossclaim in Antitrust Litigation

Crossclaimant: Defendant A
Crossclaim Defendant: Defendant B

• Allegations: Defendant B coordinated illegal pricing activities that harmed competition and led to litigation.

• Basis for Responsibility: Defendant B initiated and directed the anti-competitive scheme.

• Relief Sought: Full indemnification for any damages awarded to plaintiffs, or contribution proportional to Defendant B’s role.

4. Strategies for Drafting Antitrust Crossclaims

a. Conduct a Thorough Investigation

Gather:

• Internal communications (emails, memos)

• Pricing data

• Meeting notes or witness statements

b. Use Expert Testimony

Economic experts can:

• Demonstrate market harm

• Establish causation

• Support allocation arguments in contribution claims

c. Be Precise About Antitrust Violations

Clearly cite violations under:

• Sherman Act (Sections 1 and 2)

• Clayton Act

• State antitrust laws, if applicable

d. Align Crossclaims with Broader Defense Strategy

Your crossclaim should:

• Complement your defense against the main complaint

• Clarify your limited role or lack of intent

5. Procedural Considerations

• Jurisdiction: Confirm the court has authority over all parties and claims.

• Timeliness: File crossclaims according to court-imposed deadlines.

• Proper Service: Ensure co-defendants receive formal notice of the crossclaim.

Final Thoughts

In antitrust litigation, crossclaims can tip the balance of liability and reshape settlement dynamics. A well-drafted crossclaim not only protects your financial interests but also reinforces your broader defense strategy against anti-competitive conduct allegations.

When your business is at risk in a complex antitrust case, strategic use of crossclaims can be a decisive move.

Let Legal Husk Strengthen Your Antitrust Defense

Crossclaims can be a game-changer in antitrust litigation—but only if they’re strategically crafted. At Legal Husk, we help businesses and defendants build smart, aggressive crossclaims that protect their interests and minimize liability.

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In antitrust litigation, defense is strategy. Use crossclaims to stay ahead.

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Ready for a court-ready crossclaim at a predictable price? Contact Legal Husk and let us draft your next crossclaim with precision and clarity.