COVID-19 has created unprecedented health, social, business, and economic challenges that demand creative and innovative solutions. In some areas the public interest would be served by collaboration among competitors to devise solutions and get needed products and services where they are most needed to fight the virus. Antitrust and competition enforcers worldwide have seen the need to continue vigorous enforcement while flexibly permitting otherwise potentially unlawful temporary cooperation among competitors engaged in activities related to fighting COVID-19.
Federal and state enforcers are also concerned with the tremendous spike in consumer scams related to the COVID-19 crisis. Scam artists and hackers have seized on the crisis as an opportunity to create new–and more convincing and sophisticated-forms of robocall, mail, email, text, and cyber scams.
The following useful links will help keep you abreast of developments in competition and consumer fraud issues related to the pandemic. Watch for additional posts on our blog to keep you informed.
Federal Trade Commission and Justice Department Announce Expedited Antitrust Procedure and Guidance for Coronavirus Public Health Efforts
https://www.justice.gov/opa/pr/department-justice-issues-business-review-letter-medical-supplies-distributors-supporting (Business Review Letter to Medical Supplies Distributors Supporting Collaborative Project Airbridge under expedited procedure for COVID-19 Pandemic Response 4.4.20)
https://www.internationalcompetitionnetwork.org/news-events/ (ICN Steering Group Statement on Competition During and After the Covid-19 Pandemic 4.8.20)
https://www.ftc.gov/news-events/blogs/competition-matters/2020/03/changes-bureau-procedure-during-covid-19-coronavirus (Changes in FTC Procedure/ HSR Process)
https://www.justice.gov/opa/pr/justice-department-cautions-business-community-against-violating-antitrust-laws-manufacturing (antitrust enforcement to remain vigilant in manufacturing and distribution of healthcare products to support emergency response efforts/ high alert for collusion prices, bids, market division for respirators, masks etc.)
National Cooperative Research and Production Act of 1993
https://www.ftc.gov/enforcement/statutes/national-cooperative-research-and-production-act-1993 (expedited review of joint ventures and standard development organization activity during health crisis).
Consumer Complaints
https://www.justice.gov/coronavirus (Department of Justice- Combatting Coronavirus Fraud/ price gouging/ hoarding)
https://www.ic3.gov/media/2020/200401.aspx (FBI Public Service Announcement re: COVID-19 increase of Exploits on Virtual Environments)
https://cywatch.fbi.gov (FBI reporting on suspicious cyber activity
https://www.ftc.gov/news-events/blogs/business-blog/2020/04/where-small-businesses-can-turn-accurate-information-about?utm_source=govdelivery (FTC- Accurate Information About Financial Relief/ Scams) (link to sba.gov/coronavirus)
https://www.ftccomplaintassistant.gov/?utm_source=takeaction#crnt&panel1-1 (FTC complaint process)
https://www.ftc.gov/news-events/blogs/business-blog/2020/0releif Scams3/seven-coronavirus-scams-targeting-your-business (Public Health Scams, Gov’t Check/relief Scams/ Business Email Scams/ Information Tech Scams/ Product Supply & Supply Chain Scams/ Robocall Scams/ Cybersecurity and Data Scams)
https://illinoisattorneygeneral.gov/pressroom/2020_03/20200330.htmlconsumer complaint hotline)
https://www.consumer.ftc.gov/features/coronavirus-scams-what-ftc-doing (Coronavirus Scams/ Avoidance)
https://www.consumer.ftc.gov/blog/2020/03/ftc-fda-warnings-sent-sellers-scam-coronavirus-treatments (Coronavirus Scams/ False Treatment Efficacy Claims/ Misbranded Drugs)
https://njbiz.com/federal-state-covid-19-fraud-task-force-launched/ (Federal-State COVID-19 Task Force Launched) (Inter-governmental exchange of leads on medical supplies hoarding, price gouging, charity scams, procurement fraud, insurance fraud, phishing schemes, false and misleading investment opportunities)
https://www.in.gov/attorneygeneral/3523.htm (Indiana State AG Coronavirus Information for Consumers and complaint procedure)
https://ago.mo.gov/home/news/2020/03/09/consumer-alert-attorney-general-s-office-warns-of-scams-related-to-the-coronavirus (MO State AG Consumer Alert on Scams related to Coronavirus)
https://www.ago.mo.gov/home/news/2020/03/18/consumer-alert-ag-schmitt-urges-missourians-to-be-cautious-in-donating-to-charities-in-response-to-coronavirus (MO State AG Consumer Alert on Charitable Giving Scams)
https://illinoisattorneygeneral.gov/pressroom/2020_03/20200317b.html (Ill AG Targeting Price Gouging on endemic related items, sanitizers, disinfecting wipes, masks, healthcare equipment)
https://illinoisattorneygeneral.gov/pressroom/2020_03/20200330.html (Ill AG Alert on COVID-19 Consumer Scams)
https://insurance.illinois.gov/healthInsurance/COVID-19. (Ill Dpt. Of Insurance COVID-19 Coverage Consumer Information)