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ARTICLE · 12 MAY 2020

DOJ And FTC Issue Joint Statement Regarding COVID-19 And Antitrust Violations

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The Department of Justice ("DOJ") and the Federal Trade Commission ("FTC") recently issued a joint statement (the "COVID-19 Statement") regarding what constitutes lawful "procompetitive collaborations."

United StatesCoronavirus (COVID-19)
Kevin Cloutier
Kevin Cloutier
Thomas Dillickrath
Thomas Dillickrath
Mikela Sutrina
Mikela Sutrina
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The Department of Justice ("DOJ") and the Federal Trade Commission ("FTC") recently issued a joint statement (the "COVID-19 Statement") regarding what constitutes lawful "procompetitive collaborations" between companies to address certain needs for consumers and businesses during the coronavirus pandemic. It also detailed what constitutes unlawful anticompetitive behavior related to essential and frontline workers and other vulnerable employees. The DOJ and FTC used this opportunity to send a clear warning to companies who may seek to take advantage of the current pandemic by entering into agreements to restrain competition and employee mobility or lower wages. Separately, for those companies who are actively working to assist essential workers, businesses and the country as a whole, the COVID-19 Statement provides guidance on engaging in lawful "procompetitive collaboration" to benefit essential workers and the economy amidst the coronavirus pandemic.

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