Clean Hands Can Stop More than COVID-19: Antitrust Risks in Times of Supply and Demand Shocks

By , and on March 17, 2020

The potential for government investigation increases during periods of rapid and extreme movement in price. The US Department of Justice (DOJ) recently reiterated its focus on prosecuting violations of antitrust laws, especially in areas affected by the coronavirus outbreak. On March 9, 2020, the DOJ announced that individuals or companies engaging in price fixing, bid-rigging, customer or region allocation, or other antitrust violations could face criminal prosecution. Government scrutiny is likely to be even higher on companies that produce items for sale to federal, state or local governments, as the DOJ’s Procurement Collusion Strike Force acts as a dedicated watchdog over government contractors to prevent bid-rigging in government contracts. More information on the Strike Force is available here.

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Joshua W. EastbyJoshua W. Eastby
Joshua W. Eastby is an associate in McDermott’s Chicago office and focuses on antitrust regulatory and litigation matters. He defends clients in securing regulatory clearance of mergers and acquisitions and in securing favorable outcomes and efficiently managing e-discovery in complex antitrust litigation. Read Joshua W. Eastby's full bio.


Ashley FischerAshley Fischer
Ashley M. Fischer represents health care providers on a wide range of corporate and regulatory matters, including affiliations; collaborations; health reform initiatives and alignment strategies; joint ventures; and managed care contracting networks such as clinically integrated networks (CINs) and accountable care organizations (ACOs). Her health antitrust practice includes assessing the implications of the formation and operation of competitor collaborations (CINs, ACOs, joint ventures), merger analysis and defense, compliance and ordinary course conduct. Read Ashley Fischer's full bio.


Stephen WuStephen Wu
Stephen Wu focuses his practice on antitrust litigation, defending mergers and acquisitions before antitrust enforcement agencies and counseling clients on antitrust compliance issues. He represents clients in a wide variety of industries ranging from aerospace to consumer products and food, with a particular concentration on health care antitrust matters. He is co-chair of the Firm’s Health Antitrust Affinity Group. Read Stephen Wu's full bio.

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