What are the antitrust and competition risks?

Compliance with antitrust and competition laws should not be neglected during the COVID-19 (coronavirus) crisis. Businesses that usually compete may need to work together, such as retailers collaborating to ensure the public receive essential supplies – and they may be encouraged by the government/state to do so. It remains important that any such collaboration is compatible with applicable antitrust/competition laws (unless formal waivers apply). So-called “crisis cartels” are another risk – businesses in financial distress committing an infringement by colluding to protect themselves during the crisis. Exploitative conduct such as excessive pricing or misleading behavior, potentially infringing abuse of dominance/monopolization or consumer laws, is another possible concern – authorities around the globe are keeping an eye out for such behavior.

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