On March 24, 2020, the Department of Justice (DOJ) and Federal Trade Commission (FTC) released guidance on collaborations between competitors when responding to the ongoing COVID-19 pandemic. Though much of the specific discussion is related to collaborations in the healthcare space, the guidance overall does not read so narrowly. Any organization which is in a position to assist in providing “Americans with products or services that might not be available otherwise” is covered by the newly-released guidance. Overall, the guidance is a strong statement that DOJ and FTC understand the unprecedented and unique challenges that private industry is facing in responding to the COVID-19 crisis and will take those into account in evaluating the legality of competitor collaborations undertaken in response.
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