DOJ, FTC to Offer Expedited Antitrust Review for COVID-19 Collaboration

DOJ and the FTC will provide expedited antitrust review and guidance for COVID-19 public health ventures, the agencies announced Tuesday. Businesses may need to combine production to provide resources in the pandemic, the agencies said. Expedited procedures will allow the agencies to respond within seven days to all COVID-19-related requests addressing public health and safety, the agencies said. This quicker turnaround is “designed to provide guidance to businesses concerned about the legality of proposed conduct under the antitrust laws,” the agencies said. The FTC is committed to “doing everything we can to help with these efforts, while continuing to aggressively enforce the antitrust laws,” Chairman Joe Simons said. DOJ said the agencies will hold accountable any entities using the pandemic to engage in antitrust violations, citing price-fixing, bid-rigging and market allocation. The FTC and DOJ also committed to expedite National Cooperative Research and Production Act requests for “flexible treatment of certain standard development organizations and joint ventures.”