antitrust – Coronavirus (COVID-19)

April 16, 2020 by Duane Morris

FTC and DOJ Warn Against Anticompetitive Conduct That Harms Workers During COVID-19 Crisis

On April 13, 2020, the Bureau of Competition of the Federal Trade Commission and the U.S. Department of Justice Antitrust Division issued a joint statement warning companies that both agencies will vigorously protect competition for workers on the front lines of the COVID-19 pandemic―including doctors, nurses, first responders and those who work in grocery stores, pharmacies and warehouses, among other essential service providers. The statement acknowledged that the current health crisis may require unprecedented cooperation among government, businesses and individuals, and that there are many permissible ways that firms can engage in procompetitive collaboration. But the agencies made clear that “COVID-19 does not provide a reason to tolerate anticompetitive conduct that harms workers.”

To read the full text of this Duane Morris Alert, please visit the firm website.

April 8, 2020September 3, 2020 by Duane Morris

Federal and State Enforcers Will Scrutinize Pricing Behavior During COVID-19 Pandemic

In addition to drastic changes to everyday life, the COVID-19 pandemic is impacting antitrust enforcement. Companies must be prepared to address these impacts, including steering mergers and acquisitions through regulatory approvals, seizing opportunities to collaborate to solve public health issues raised by COVID-19, and avoiding use of pricing algorithms or other pricing mechanisms that could lead to allegations of price gouging. Indeed, U.S. lawmakers recently urged the Federal Trade Commission (FTC) to act quickly to protect the public from price gouging, particularly for essential COVID-19 health products such as facemasks, disinfectants and hand sanitizers. Thirty-three state attorneys general also recently issued a letter urging the nation’s major retailers to rigorously monitor price gouging practices on their platforms during this time.

To read the full text of this Duane Morris Alert, please visit the firm website.

March 25, 2020March 25, 2020 by Duane Morris

U.S. Antitrust Agencies Announce Expedited Procedures and Guidance for COVID-19 Public Health Efforts

On March 24, 2020, recognizing the need to provide guidance for businesses collaborating to protect the health and safety of Americans during the COVID-19 pandemic, the Federal Trade Commission (FTC) and the U.S. Department of Justice Antitrust Division (DOJ) issued a joint statement detailing an expedited antitrust review procedure and providing guidance for such business collaborations.

To read the full text of this Duane Morris Alert, please visit the firm website.