United States - Antitrust Division’s Expedited Review of Business Conduct Related to COVID-19: What Have We Learned So Far?






The Department of Justice Antitrust Division’s business review process provides companies an opportunity to ask the Division whether it would intend to pursue enforcement action with respect to specifically described business conduct. In recent years, however, companies have used this process infrequently, owing perhaps to the length of time required to get a response. Recognizing the value of collaborative conduct in the fight against COVID-19, the Division has adopted an expedited process that provides a response to business review requests within seven days of receiving the necessary information. In less than two months following the announcement of this expedited process, the Antitrust Division issued three business review letters approving proposed collaborations. These letters provide some clues regarding the Division’s enforcement approach, at least as it relates to collaborative conduct specifically designed to respond to issues arising from the pandemic.

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