DOJ Increases Enforcement Related To COVID‑19

The DOJ's Antitrust Division has signaled it will step up enforcement in response to COVID-19. While pandemics and Sherman Act investigations may not seem like the most intuitive pairing, it actually fits a historic pattern in which the DOJ ramps up antitrust enforcement during crises. There are two main reasons for this:

1. Antitrust violations have potentially greater impact to consumers and businesses during emergencies. A price-fixing conspiracy in the current market for protective equipment or respirators could have life or death consequences. Moreover, given the potential for widespread economic disruption and hardship from the pandemic's secondary effects, higher prices or limited availability of "non-essential" products will cause great harm to ordinary consumers and businesses. The DOJ has indicated it will likely take a hardline position on possible antitrust violations during the pandemic and will be far less likely to assume that any violation was not