Clifford Chance

Expedited Antitrust Procedure Now Available for Business Collaborations that Combat the Coronavirus

March 25, 2020

On March 24, 2020, the U.S. Department of Justice, Antitrust Division, and the U.S. Federal Trade Commission, issued a joint statement providing antitrust guidance to businesses collaborating to combat the spread of the Coronavirus Disease 2019 pandemic. As part of this guidance, the Agencies announced that they would expedite their antitrust review of prospective competitor collaborations by parties seeking to respond to COVID-19, an effort the Agencies recognized will require "unprecedented cooperation" between enforcement agencies and private industry. The Agencies warned, however, that they would vigilantly pursue antitrust violations by companies that use the present market turbulence to collude or exclude competitors in violation of the antitrust laws. The Agencies' guidance affects any business whose activities impact U.S. commerce.

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