The COVID-19 global pandemic has led antitrust regulators to adopt novel strategies to balance enforcement duties with the unprecedented, emergency need for industry collaboration. Recently, authorities worldwide have altered longstanding practices in a desire to spur innovation and alleviate supply issues resulting from the pandemic. Regulators have issued public statements indicating increased tolerance for collaborations between competitors where such partnerships can help ensure the provision of necessary products and services that would not otherwise be available. This flexible posture extends past medical and pharmaceutical sectors, as authorities have also acknowledged the challenges the pandemic poses for the supply of goods and services generally. The global crisis has also led to speedier clearance of collaborative activities, with the Department of Justice (DOJ), Federal Trade Commission (FTC), and foreign regulators all committing to provide fast guidance on transactions that have the potential to mitigate COVID-19 related issues. Finally, the pandemic has required enforcement agencies to slow down—and in some cases halt—investigations into broader anticompetitive conduct.
At the same time, the COVID-19 pandemic has led to greater public scrutiny as the world collectively works to mitigate the damage inflicted by the virus. Regulators, politicians, and media outlets have increasingly focused on the activities of companies that bear directly on public health and supply chains. Specifically, health care and pharmaceutical labor, pricing, and output decisions are more likely to engender scrutiny due to the heightened importance of those industries at this time.
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