Antitrust implications from U.S. government COVID-19 response

On 24 March 2020 the Antitrust Division of the Department of Justice and the Bureau of Competition of the Federal Trade Commission released a joint statement providing guidance to the business community on how to remain compliant with the antitrust laws while collaborating with other entities in response to the COVID-19 national emergency.

This announcement follows an executive order signed by U.S. President Donald Trump on 18 March 2020 invoking the Defense Production Act which, if utilized, also has implications for how the antitrust laws will be applied to cooperative efforts by businesses in response to the COVID-19 emergency.

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