Procopé & Hornborg Competition Blog: Response by Competition Authorities to COVID-19 crisis – The safe space for Essential Initiatives
The private sector plays a crucial role in overcoming the COVID-19 crisis. Competition authorities acknowledge that the response to emergency situations might require different degrees of swift co-operation, with varying scale of potential antitrust concerns. No safe harbor is provided but there is a safe space under the Commission’s communiqués. But are we talking about general interest, efficiencies, or consumer welfare with non-economic considerations? Or is it about remedying market failure? Big questions. We will overcome the crisis but sadly, the niche instruments and legal justifications for Essential Initiatives might be in frequent need also in the future.
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