COVID-19: Criminal Antitrust Risks Arising From The Crisis

In this rapidly changing environment of the COVID-19 crisis, the need to understand how your industry is tackling business disruptions and the ensuing economic impact is more critical than ever.

This Alert provides practical guidance on key criminal antitrust risks arising out of the current crisis and cautions against certain forms of competitor coordination to manage the fallout, especially in light of late-breaking warnings about these collaborations in a joint statement by the Federal Trade Commission (FTC) and the Department of Justice (DOJ) issued on April 13, 2020.

Procompetitive Collaborations

Initial guidance from antitrust enforcement agencies and law firms during the crisis has emphasized a somewhat more permissive approach by the agencies to competitor collaborations, especially where those collaborations increase output of critical medical supplies and other essential goods, improve distribution systems in the crisis, and develop tools to increase