This autumn, European competition authorities are likely to resume dawn raids of companies suspected of competition law infringements. This will aim to clear a backlog of planned inspections that has built up since the start...more
The Korean-War era Defense Production Act ("DPA")1 has already loomed large in the federal response to the COVID-19 pandemic. Recent press reports suggest that it may be invoked even more broadly in the coming weeks and...more
Competition regulators have shown their ability to act quickly and decisively in order to help allay the worst impacts of the coronavirus outbreak. Could these responses provide a template for achieving environmental and...more
9/22/2020
/ Collaboration ,
Competition ,
Competition Authorities ,
Consumers ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Environmental Policies ,
European Commission ,
Federal Trade Commission (FTC) ,
Germany ,
Grocery Stores ,
Health Care Providers ,
Netherlands ,
No-Action Letters ,
Operators of Essential Services ,
Public Safety ,
Sustainability ,
Treaty on the Functioning of the European Union (TFEU) ,
UK Competition and Markets Authority (CMA) ,
United Nations
On April 4, 2020, the Antitrust Division of the Department of Justice issued its first Business Review Letter under the DOJ-FTC joint expedited COVID-19 competitor collaboration review procedures, blessing several medical...more
4/23/2020
/ Absolute Immunity ,
Antitrust Division ,
Antitrust Provisions ,
Business Review Letters ,
Collaboration ,
Competition ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Medical Devices ,
Medical Research ,
Medical Supplies ,
No-Action Letters ,
Personal Protective Equipment ,
Pharmaceutical Industry ,
Prescription Drugs
On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. The purpose of the CARES Act is to provide emergency assistance and health care response for individuals, families, and...more
4/6/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Medicaid ,
Medical Devices ,
Medicare ,
Medicare Part D ,
Pharmaceutical Industry ,
Prescription Drugs ,
Relief Measures ,
Supply Chain ,
Virus Testing
This alert describes the surprisingly broad antitrust defense – against federal and state antitrust actions – that Congress created in Section 708 of the Defense Production Act of 1950.
Recent media attention on the...more
The Coronavirus Aid, Relief, and Economic Security ("CARES") Act provides no modifications to, or relief from, the US antitrust laws (specifically, the Sherman Act, 15 U.S.C. §§ 1-38; Clayton Act, 15 U.S.C. § 12-27; and...more
On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The purpose of the CARES Act is to provide emergency assistance and health care response for individuals, families, and...more
The COVID-19 outbreak has led to changes in how the US and other competition agencies around the world look at competitor collaborations. Despite these policy announcements, antitrust compliance is still a priority, and...more
3/27/2020
/ Antitrust Division ,
Antitrust Provisions ,
Collaboration ,
Competition ,
Compliance ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
European Commission ,
European Competition Network (ECN) ,
Federal Trade Commission (FTC) ,
Joint Purchasing Programs ,
State of Emergency ,
Supply Chain