At a time of crisis and economic upheaval, there is a natural tendency for people to pull together. Currently, many are isolating in their homes, yet communities and businesses everywhere are coming together to face a common enemy: COVID-19. One might say this is the best of humanity revealing itself. But when that “pulling together” crosses into the economic and legal realm, businesses should realize that even well-intentioned steps might later be questioned by regulators or civil plaintiffs. History has shown that economic crises often motivate incumbent competitors to act in anticompetitive ways. Regulators in the United States, Europe, Australia, and elsewhere have all signaled they are aware of these dangers and have, in several instances, explicitly promised to apply increased antitrust scrutiny during and after the COVID-19 pandemic. In some cases, regulators are already seeking out informants regarding any anticompetitive schemes.
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