LEGAL PRACTICES: COVID-19 - COOPERATION - COMPETITION POLICY

COVID-19 and cooperation: Changes in competition law?

No country, business, organisation or individual has been unaffected by the COVID-19 pandemic. This is also true for competition law and, in particular, cooperation and collaboration arrangements between competitors (co-opetition) to address challenges created by the pandemic. This article surveys the guidance given, and other actions taken, by multilateral organisations and individual competition authorities in relation to these arrangements. It also looks at the impact this experience is likely to have in the future as the world starts to return to the – new - normal.

I. Introduction 1. A year and a half after the start of the global COVID-19 pandemic, it is appropriate to look at what the impact has been on competition law around the world, especially in the area of cooperation and collaboration arrangements. 2. Immediately after the start of the pandemic, countries, economies, businesses and other organizations as well as individuals—indeed, our entire ways of living—were adversely affected by lockdowns and other social restrictions, medical systems on the brink of collapse, economic recessions and other implications all around the world. Reflecting the interconnected nature of the world we live in, it is probably true to say that no country, business, organization or individual has been unaffected by the pandemic. This is also true of

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Rachel Brandenburger, Christian Ritz, COVID-19 and cooperation: Changes in competition law?, November 2021, Concurrences N° 4-2021, Art. N° 102864, www.concurrences.com

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