News & Analysis as of

Collaboration Department of Justice (DOJ) Antitrust Provisions

Cozen O'Connor

AGs Commit to Collaboration on AI, Antitrust Enforcement, and Protecting Youth Online at AG Alliance Annual Meeting

Cozen O'Connor on

State attorneys general from across the country met in Colorado for the Attorney General Alliance (AGA) Annual Meeting last week, along with AG staff and the legal and business communities. In opening the conference, Nevada...more

Morrison & Foerster LLP

FTC and DOJ Antitrust Division Will Update Guidance on Companies’ Preservation Responsibilities for Collaboration Tools and...

On January 26, 2024, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (the “Division”) announced that both agencies are updating language in critical documents for civil and criminal...more

Holland & Hart LLP

Withdrawal of Antitrust "Safety Zones"

Holland & Hart LLP on

The US Department of Justice recently announced its withdrawal of three decades-old policy statements recognizing antitrust “safety zones” relating to information sharing and collaboration among competitors. The statements...more

Wilson Sonsini Goodrich & Rosati

U.S. Legislators and State Attorneys General Raise Antitrust Concerns Regarding ESG Collaborations

Over the past year, U.S. legislators and state attorneys general (AGs) have raised concerns that collaborations among firms to achieve environmental, social, and governance (ESG) goals are violations of the antitrust laws. As...more

Hogan Lovells

Reducing antitrust risk of collaborations during the COVID-19 pandemic

Hogan Lovells on

The COVID-19 pandemic has affected U.S. health care in an unprecedented way, requiring hospitals, providers, and suppliers to collaborate to respond to the urgency of the crisis. The situation has also put pressure on...more

Shook, Hardy & Bacon L.L.P.

COVID-19 Client Primer | Antitrust Challenges in the Age of COVID-19

Companies navigating through the unprecedented dynamics of the COVID-19 pandemic need to be aware of antitrust and consumer protection laws to avoid potential legal pitfalls and challenges. ...more

White & Case LLP

For COVID-19 Competitor Collaborations, DOJ Antitrust Division’s “Business Review Letter” Offers Easy and Likely Effective...

White & Case LLP on

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

Lowenstein Sandler LLP

Examining Antitrust Guidance On Cooperation In Fighting COVID-19

Lowenstein Sandler LLP on

The novel coronavirus pandemic has upended our lives, creating a far-from-normal “new normal.” And it has also given rise to countless collaborations between and among universities, hospitals, medical centers, pharma...more

WilmerHale

COVID-19: Criminal Antitrust Risks Arising from the Crisis

WilmerHale on

In this rapidly changing environment of the COVID-19 crisis, the need to understand how your industry is tackling business disruptions and the ensuing economic impact is more critical than ever. This Alert provides...more

Morgan Lewis

The Antitrust Division and FTC Issue Statement on COVID-19 and Labor Market Competition

Morgan Lewis on

The joint statement recognizes that while the COVID-19 pandemic offers businesses an opportunity for procompetitive collaboration and benefits, it also increases significant risk of anticompetitive conduct in the labor...more

McDermott Will & Emery

DOJ Issues Antitrust Guidance on Competitor Collaboration to Combat COVID-19

McDermott Will & Emery on

A recent business review letter issued by the US Department of Justice Antitrust Division to five pharmaceutical and medical/surgical distributors offers insights into the antitrust enforcers’ views on competitor...more

Robins Kaplan LLP

DOJ Signs Off On First COVID-19 Competitor Collaboration

Robins Kaplan LLP on

On April 4, 2020, the Department of Justice announced its first blessing of a competitor collaboration aimed at fighting the COVID-19 pandemic. ...more

Parker Poe Adams & Bernstein LLP

Federal Antitrust Agencies Open Door for More Business Cooperation Amid Coronavirus Pandemic

The federal antitrust enforcement agencies have committed to providing businesses expeditious guidance about how and whether their efforts to address the coronavirus pandemic comply with federal antitrust laws. On March 24,...more

Cadwalader, Wickersham & Taft LLP

COVID-19 Update: Competitor Collaborations in the time of COVID-19

The Antitrust Division of the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) jointly announced on March 24, 2020, an expedited antitrust review process for proposed collaborative efforts aimed at...more

BakerHostetler

COVID-19 Antitrust Agency Procedural Changes

BakerHostetler on

Over the past several weeks, the U.S. antitrust enforcement agencies – the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) – have made several public announcements regarding...more

McGuireWoods LLP

Businesses Get Faster Antitrust Help, But DOJ, FTC Warn Against Using Crisis To Curb Competition

McGuireWoods LLP on

On March 24, 2020, the Antitrust Division of the Department of Justice and the Bureau of Competition of the Federal Trade Commission issued a joint statement acknowledging that individuals and businesses are quickly working...more

White & Case LLP

CARES Act Provides No Relief from Antitrust Laws, but Deference on COVID-19-Related Coalitions from DOJ/FTC Will Be Fact-Specific

White & Case LLP on

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

White & Case LLP

Competitor Collaborations: Competition Agencies Respond to a Global Pandemic

White & Case LLP on

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

Morgan Lewis

COVID-19: Antitrust Agencies to Expedite Competitor Collaboration Reviews

Morgan Lewis on

The US Federal Trade Commission and the Antitrust Division of the US Department of Justice have announced that they aim to respond within one week to coronavirus (COVID-19) collaborative proposals submitted pursuant to the...more

Robins Kaplan LLP

DOJ And FTC Announce Expedited Review Of Collaborations Aimed At COVID-19, But Warn Would-Be Violators

Robins Kaplan LLP on

On Tuesday, March 24, 2020, the Department of Justice Antitrust Division and the Federal Trade Commission’s Bureau of Competition issued new guidance to health care companies looking to collaborate in the fight against...more

Morrison & Foerster LLP

Federal Antitrust Agencies Encourage Appropriate Competitor Collaboration To Address The COVID-19 Crisis

The U.S. antitrust agencies – the Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) – have recognized a need for “unprecedented cooperation between federal, state, and local governments and...more

Ballard Spahr LLP

FTC and DOJ Announce Expedited Antitrust Procedure and Guidance for Coronavirus Public Health Efforts

Ballard Spahr LLP on

The Bureau of Competition of the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) announced they would be providing expedited guidance to companies embarking on procompetitive...more

Epstein Becker & Green

Joint Development of Specialized Clinical Services

Epstein Becker & Green on

The Statements of Antitrust Enforcement Policy in Health Care (“Policy Statements”), issued jointly by the Department of Justice and Federal Trade Commission, provide, at Statement 3, guidelines for evaluating whether a joint...more

Epstein Becker & Green

Antitrust Analysis of Competitor Collaboration Agreements

Epstein Becker & Green on

Collaborations among competitors or potential competitors can take many forms, the most common being a joint venture. The Antitrust Guidelines for Collaboration Among Competitors, issued jointly by the Federal Trade...more

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