Extract to table

Participation in a JDA with co-targets could be perceived by the DOJ as an effort to coordinate defense positions or align narratives, which could diminish or negate the cooperation credit that TMC must maximize to achieve an acceptable resolution

The Ninth Circuit has emphasized that the shared interest must be legal in nature — a shared commercial interest, business relationship, or general desire to avoid liability is insufficient to invoke the doctrine

• The common interest must exist at the time the communications are made

The proffer must demonstrate that TMC's cooperation is independent and not coordinated with other subjects

This memorandum must not be distributed externally under any circumstances

Risk Category | Assessment | Analysis Cooperation Credit Risk | High | The DOJ Antitrust Division may perceive JDA participation as inconsistent with genuine, independent cooperation, potentially reducing or eliminating the cooperation credit that TMC must maximize to achieve an acceptable NPA resolution