The current pandemic has left everyone in a state of pandemonium. Markets have crashed, essential commodities are in short supply, lockdowns have been imposed, panic is rife in the business community, and a return to “normalcy” seems elusive. Companies can respond to this crisis in either of two ways: they can collaborate with competitors to address current societal needs or, turn the Covid-19 turmoil to their own commercial advantage. Sometimes, even otherwise bona fide practices by companies can have serious competition law implications in these delicate times. This article first seeks to explore such issues and then addresses the measures that various competition authorities have adopted to protect consumers and ensure fair competition and then provides basic guiding principles to companies from a competition law perspective in these uncertain times.
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Aditi is a competition / antitrust lawyer, who recently completed her post-graduation.