COVID-19 And Its Impact On Contractual Relations: Competition Risks When Renegotiating Contracts (Part V)

In our previous four articles in this series (see Part I, Part II, Part III and Part IV) we explored how parties may rely on various common law doctrines or contractual provisions as defences to non-performance or delayed performance resulting from the impact of COVID-19, as well as how to mitigate damages and renegotiate contracts to avoid disputes amidst the pandemic.

In this final article in our series, we look at competition law considerations that parties should keep in mind as they navigate the current economic and regulatory environment. As entities seek to recover from the slump of the last few months, some may be tempted to pool resources and information to benefit from potential synergies. However, care should be taken that any collaboration between vertical or horizontal competitors does not violate the laws on competition. Click here to read the full article.