Aerospace & Defense Series: Leading Antitrust Considerations For Teaming Agreements

This newsletter identifies when "teaming agreements" between contractors are likely to raise antitrust issues, and suggests some practice tips for evaluating or defending those arrangements.

Defense and aerospace contractors often enter into teaming agreements or other collaborative arrangements to jointly pursue contract awards.  In most cases, teaming is fully consistent with antitrust law.  However, in some circumstances, teaming can raise significant antitrust concerns.  This newsletter highlights some of the leading factors contractors should take into consideration when considering teaming agreements.

• Just because teaming is commonplace does not mean it is always lawful.  Teaming agreements generally involve agreements under which contractors will jointly pursue a procurement and often require the teammate/subcontractor to commit not to bid independently or with another partner.  That agreement not to compete may, under certain circumstances, adversely