By Perry Lange & David Katz (WilmerHale)
WilmerHale attorneys call for clear antitrust guidelines and expeditious treatment for companies seeking to cooperate for everyone’s benefit during the new coronavirus crisis. They call on antitrust agencies and the private antitrust bar to be part of the solution.
As Attorney General William Barr has correctly noted, antitrust laws—which prohibit agreements that harm competition—are an important tool to protect consumers in crises like the Covid-19 pandemic. At the same time, however, uncertainty over antitrust laws must not deter legitimate private cooperation.
Federal and state antitrust enforcers and the private antitrust bar can help ensure they do not. This is important because, in addition to governmental responses, surmounting the health and economic crises we face will require innovation and collaboration by private businesses—big and small.
Cooperation Between Competitors Can Speed Recovery
For example, pharmaceutical and medical companies are rushing to develop vaccines, therapies, and better testing. Hospitals and other health-care providers are addressing current cases and preparing for many potential new ones. And firms as diverse as technology companies, telecommunications providers, restaurants, and retailers are working to limit the economic and personal disruptions caused by necessary “social distancing” at national and local levels.
One potential barrier to increased legitimate private
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