The main objective of antitrust law is to ensure the existence
of an equal playing field so that competitors have the same
opportunity to offer goods and services to consumers in every
relevant market. This initial budget necessarily implies the ban of
agreements between competitors – any express or implicit
agreement that reduces uncertainty about the behavior of a
competitor – and the abuse of market power.
Within the framework of necessary and urgent measures to
confront the world health crisis derived from the COVID-19
pandemic, several competition authorities have seen the need to
relax – and even suspend – the sanctioning regime
applicable to agreements between competitors, allowing
exceptionally that these take place when temporary cooperation is
necessary to guarantee the fair provision of essential goods and
services during the crisis.
