In this Chronicle we address the question of collaboration agreements. Collaboration agreements are a double-edged sword. On the one hand, anticompetitive cooperation between competitors is precisely what the antitrust laws are designed to prevent. On the other, the antitrust laws must foster efficiency and innovation, and sometimes collaboration is necessary to achieve these aims.
As a result, antitrust takes a nuanced approach towards collaboration agreements. Particularly in the COVID-19 world, an acute crisis can require unusual solutions, and antitrust will not seek to stand in the way of collaboration in healthcare or distribution that can alleviate immediate pressures, at least for the time being. But extraordinary measures for extraordinary times must remain just that, and COVID-19 cannot be used an excuse to permit anticompetitive practices under the guise of pandemic relief.
The contributions to this Chronicle address these issues, with a natural focus on measures to be adopted in light of the global pandemic. The pieces in this volume address these issues from the unique perspective of various jurisdictions around the world, while maintaining an eye on the overarching antitrust issues raised by collaboration under antitrust rules.
Lastly, please take the opportunity to visit the CPI website and listen to our selection of Chronicle articles in audio form from such esteemed authors as Maureen Ohlhausen, Herbert Hovenkamp, Richard Gilber!-->…