Competitor Collaborations During COVID-19 Crisis

In addition to tragic loss of life and grave social costs, the Covid-19 pandemic has disrupted many markets and distribution channels, causing companies and governmental entities to consider the benefits of short-term cooperation in their efforts to respond to the crisis. At the same time, antitrust laws remain in effect, requiring careful review of competitor collaborations. In some cases, special exceptions or procedures have been instituted to enable critical collaborations, while in others, traditional antitrust jurisprudence has been applied. The analysis, as with most antitrust matters, involves factspecific inquiries and understanding the nature of the markets at issue. During these unprecedented times, assessing likely competitive effects on those markets requires examination and consideration of exceptional momentary conditions. Conduct that may harm competition under normal circumstances may not have the same effect during extraordinary times.