Antitrust partner Adam Acosta and law clerk Katya El Tayeb published an article for Law360 Expert Analysis providing guidance around key antitrust considerations for companies as they consider their responses to tariffs.
The authors explained that enforcement agencies like the FTC and DOJ are closely scrutinizing competitor conduct as companies impacted by tariffs weigh their options, including potential price and supply chain adjustments. They warn that antitrust risks "may arise if competitor interactions lead to coordinated behaviors like price-fixing, output restrictions or market allocation."
The article noted that recent warnings from enforcement officials "should come as no surprise given that antitrust enforcers historically watch for anticompetitive conduct during times of economic change or uncertainty," comparing the attention around tariff response actions to the focus on supply chain disruptions during the COVID-19 pandemic.
To minimize the risk of potential enforcement actions being taken against them, the authors encourage companies to "proactively consider any antitrust risks, implement safeguards and document their independent and pro-competitive decision-making rationale."
Read the full article here.
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