> If you have communications that can be used as evidence you're probably in the wrong.
The problem is that most employees are not lawyers so they cannot make a proper legal judgement on their routine works. And even lawyers are frequently making mistakes. And if you think prosecutors are not good at "creative legal interpretation", then you probably don't know much about them. Seemingly innocent things can become the greatest weapon at the hand of competent prosecutor.
>The problem is that most employees are not lawyers so they cannot make a proper legal judgement on their routine works.
but the executives are much closer to understanding the legal issues, so when an unsophisticated employee suggest something that is against anti-trust, the boss should say "no, we can't do that, it's anti-competitive"
the issue is not speaking against interest, it's engaging in illegal behaviors.