DOJ Backs Off Antitrust Enforcement For Covid Collaboration

At the companies’ request, the Department of Justice Antitrust Division has issued a business review letter, saying it does not intend to challenge a proposed collaboration among five medical/surgical and pharmaceutical distributors. The companies say they are working along with government agencies to facilitate distribution of critical supplies to U.S. healthcare providers. This letter, says a post from law firm McDermott Will & Emery, “underscores the flexibility of the US antitrust regulators towards competitor collaborations aimed at increasing the supply and distribution of medical equipment.” The post takes a close look at the letter and comes up with a number of takeaways regarding DOJ’s reasoning in this case, and what it suggests regarding how enforcers are likely to consider future competitor collaboration in this field.