March 26, 2020

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.

To read the full alert, please click here