ABSTRACT
This article discusses competition law practices in Turkey and around the world during the worldwide Covid-19 pandemic that emerged in 2020 and the measures taken by the competition authorities in Turkey and around the world to reduce the impact of the pandemic.
Covid-19 has forced competition authorities, like many other institutions, to change their working methods. In this context, merger notifications and control differ from the traditional methods.
I. INTRODUCTION
Since Covid-19 was declared a pandemic by the World Health Organization on March 12, 2020, peoples’ habits have changed. There have been significant changes in our shopping preferences, especially with the excessive demand for food and hygiene products such as disinfectants, cologne, and masks. Before the pandemic, consumers' demand for these products were more periodic, but with the new normal, mass purchases and stockpiling have become a current issue as hygiene products have gone onto everyone’s shopping list.
The change in consumption habits has led to different scenarios in the market. In order to mitigate the effects of Covid-19, competition authorities have granted companies cooperation permissions that support the supply chain. In response to abusive behavior by some dominant market players, competition authorities have also taken some approaches and provisions.
Covid-19 has forced competition authorities, like many other institutions, to change their working methods. In this context, merger notifications and control differ from the traditional methods.
States have taken measures such as state aid and tax deferral in order to protect the weakening competition during the Covid-19 crisis and to ensure that enterprises can continue their activities.
II. TURKEY
The first case of Covid-19, spreading worldwide from the city of Wuhan of China in December 2019, was detected on March 11, 2020 in Turkey. Twelve days after the first cases in Turkey, The Competition Authority reported and closely monitored exorbitant price increases in the food market, especially in the fresh fruit and vegetables. It stated that the heaviest administrative fines in the Law on the Protection of Competition1 would be imposed on individuals and institutions that carry out anti-competitive practices2. Following this public announcement, the President of the Competition Authority, Birol Küle, issued a press release on 25 March 2020. In this press release, he stated that there should be no increase in the price on the field of fresh fruit and vegetables, no decrease in their supply and no increase in fuel, no storage cost and no increase in labor costs. He attributed the price increase to the artificial scarcity caused by actors in the supply value chain that ignored the announcement two days previously. In addition, he repeated the statement in his previous announcement that the market would be closely monitored and that the discretionary power of the Competition Authority would be used to the highest level3.
On April 6, 2020, the Competition Authority published an announcement emphasizing that all applications, petitions, and information and document submission procedures would be done through the e-Government Gateway4. On April 17, 2020, the time limits regarding examinations, researches, and investigations continued, but the following decisions were taken in order to avoid grievance: (i) within the scope of the investigations carried out, the applications regarding requests for additional time for the second and third written defenses to be made within the framework of Article 45 of the Law on the Protection of Competition would be accepted up to April 30, 2020, (ii) matters intended to be presented in addition to a written defense but could not be brought up within the specified period would be accepted during the investigation. It also stated that the parties had the opportunity to state in the third written defense arguments that they could not present within the second written defense period5.
Law No. 7244 on Reducing the Effects of the New Coronavirus (Covid-19) Epidemic on Economic and Social Life and the Law on Amending Certain Laws6 was published in the Official Gazette on April 17, 2020. The Unfair Price Evaluation Board was established by adding additional articles to Law No. 6585 on the Regulation of Retail Trade. The Directive of the Unfair Price Evaluation Board7, which regulates the formation, duties, and authorities of the Unfair Price Evaluation Board, was published in the Official Gazette on May 28, 2020. The Unfair Price Evaluation Board consists of 13 members: the Ministry of Justice, Ministry of Treasury and Finance, Ministry of Industry and Technology, and Ministry of Agriculture and Forestry each have 1 member and 4 members represent the Ministry of Commerce. Civil society and the private sector are represented by one member each from the Union of Chambers and Commodity Exchanges of Turkey, the Confederation of Turkish Tradesmen and Craftsmen, producer and consumer organizations, and the retail sector. Although excessive price liability is regulated in Article 6 of the Law on the Protection of Competition, this provision applies only to enterprises that have a dominant position in the market. The Unfair Price Evaluation Board aims to prevent exorbitant price increases and manufacturer, supplier, and retail business stockpiling practices in times of emergency, disaster, economic fluctuation, and other emergencies regardless of the market situation. Moreover, the disposable mask investigation examined by the Competition Authority, which is mentioned below, was sent to the Unfair Price Evaluation Board. The Unfair Price Evaluation Board will impose administrative fines from 10 thousand to 100 thousand TL for enterprises found to have made unfair price increases, and from 50 thousand to 500 thousand TL for enterprises found to be stockpiling. By January 27, 2021, the Unfair Price Evaluation Board had imposed a total of 15 million 480 thousand TL administrative fines on 495 enterprises considered to have made exorbitant price increases in food and basic necessities8.
On April 6, 2020, the Competition Authority published an announcement emphasizing that all applications, petitions, and information and document submission procedures would be done through the e-Government Gateway.
Following the Competition Authority's statements that it was following the market closely, it announced, on May 7, 2020, that, according to an analysis made over a period of about a month, the exorbitant price increases by some companies engaged in the production and trade of food and cleaning and hygiene products may violate competition law, and an investigation was initiated against 29 enterprises, including chain markets9.
On December 24, 2020, the Ministry of Commerce announced that state aid would be given to reduce the negative effects of Covid-19 on commercial life10. In this context, the Presidential Decision on the Aid to be given to Tradesmen and Craftsmen and Real Person Merchants due to the Coronavirus Outbreak, numbered 332311, was published in the Official Gazette. This Decision sates that tradesmen, craftsmen, and real person merchants affected by the epidemic would receive direct aid of 3,000 TL in total at 1,000 TL per month, and monthly rental aid of 750 TL in metropolitan cities and 500 TL monthly in other provinces for three months.
On January 5, 2021, the Competition Authority announced that an investigation against 13 enterprises operating in the field of masks was completed12. The investigation found that the undertakings in question had not violated the law and therefore there was no need to impose administrative fines. However, it was unanimously decided to send the determinations made by the investigation to the Ministry of Treasury and Finance and to the Unfair Price Evaluation Board, which is tasked with taking any necessary measures to protect market balance and consumers against exorbitant price increases and stockpiling practices.
On January 9, 2021, Competition Authority President Birol Küle made statements on digital markets and the Covid-19 crisis. Birol Küle stated that the majority of previous complaints came from the manufacturing and conventional sectors, that there was an increase in the number of complaints during the Covid-19 period, and that there was an excessive increase in complaints regarding pricing behavior, especially in the health, hygiene, and food sectors13.
While the competition authorities in Europe and America took decisions to loosen rules regarding cooperation, the Turkish Competition Authority made no such announcements. In addition, no guidelines for the Covid-19 period have been published.
On February 6, 2021, the Decision on Turnover Loss Aid to be Given to Businesses Engaging in Food and Beverage Services Due to the Coronavirus Outbreak14came into effect. This decision states that businesses operating in the food and beverage sector that began before or during the 2019 calendar year and have active obligations as of January 27, 2021, and had a turnover of 3 million TL or less in the calendar year 2019 and a decrease of 50% or more in the calendar year 2020 compared to the turnover in that year (with the NACE 56 general activity classification code), and have value added tax liability, will only be able to benefit once from aid for turnover loss.
The turnover loss aid will be 3 percent of the decreasing amount of the turnover of the enterprises in the calendar year 2020, not less than 2 thousand TL and not more than 40 thousand TL, to be paid at once. Value added tax returns submitted for the taxation periods in the calendar years 2019 and 2020, as of January 27, 2021, will be taken as the basis for determining business turnover. The tax returns (including a correction declaration) submitted for the periods in 2019 and 2020 after the said date will not be taken into account in the turnover calculation.
Tradesmen and craftsmen and real person merchants eligible for grant aid under the second and third paragraphs of Article 3 of the Presidential Decision on Aid to be given to Tradesmen and Craftsmen and Real Person Merchants due to the Coronavirus Outbreak, dated December 22, 2020 and numbered 3323, and aid for the loss of turnover, stipulated in the Communiqué on Turnover Loss Aid Program and Implementation Principles to be Provided to Enterprises Engaging in Food and Beverage Service Activities Due to the Coronavirus Outbreak, will have the amount of 3 thousand TL deducted from the turnover loss aid provided under the Communiqué15.
III . THE PRACTISES OF OTHER COUNTRIES
A joint statement by the European Competition Network (ECN) on application of competition law during the Covid-19 crisis was published on March 23, 202016. This joint statement states that in addition to advising the competition authorities that business cooperation in the Covid-19 period would benefit consumers, it would not hesitate to take measures against businesses trying to abuse the current situation. Also, advice has been given to competition authorities on how to deal with the Covid-19 period. Following this statement, many countries such as England17, Italy18, Spain19, Portugal20, Greece21, Finland22, France23, Czech Republic24, Bulgaria25, Romania26, Lithuania27, Denmark28, Austria29 and Switzerland30 declared that they support this joint statement. In addition, the member states made similar decisions in accordance with the decisions of the European Competition Network.
The European Competition Network has repeatedly introduced regulations regarding the cooperation of enterprises during the Covid-19 crisis. For example, on 8 April 2020, the EU Commission published the Communication from the Commission Temporary Framework for assessing antitrust issues related to business cooperation in response to situations of urgency stemming from the current Covid-19 outbreak31. With this temporary framework, the focus is on the cooperation of companies in making up for any shortages in basic scarce products and services, especially pharmaceuticals and medical equipment. An exception was made to the competition law rules for cooperation in the milk and dairy products, meat, potato, and flower sectors on May 4, 202032.
The European Competition Network has repeatedly introduced regulations regarding the cooperation of enterprises during the Covid-19 crisis.
While, on April 21, 2020, the Netherlands relaxed the rules of cooperation for health insurance companies in order to provide financial support to those providing services in the health sector33, on June 1, 2020, Italy allowed the cooperation of pharmacies and mask suppliers two companies for the distribution of disposable surgical masks through pharmacies34.
There has been an excessive increase in the demand for health products such as masks and disinfectants since the start of the Covid-19 crisis. Some enterprises wishing to take advantage of the current situation have unfairly increased the price of products in excessive demand. Competition authorities have taken some actions in order to prevent this artificial price increase.
Investigations were opened in Spain35 and Greece36 regarding the price increases in health products. The Greek Competition Authority published interim results37 of the investigation on hospital equipment. According to these interim results, the investigation determined that five of the suppliers examined were potentially acting against competition law, while two of them were found to be acting directly against competition law.
One of the competition law practices most adversely affected by Covid-19 has been the control of mergers and acquisitions due to the difficulty of collecting information and documents and the fact that many employees began working remotely. Many competition authorities requested the postponement of merger and acquisition notifications and electronic transmission of information and documents.
On March 16, 2020, the European Commission asked companies to postpone their merger notifications38. It was stated that the information collection processes were disrupted due to Covid-19 but were still operating for companies with important reasons and on April 7, 2020 enterprises were encouraged to apply electronically39. The UK Competition Authority made some changes to working style40. These changes accepted that personnel would work from home for as long as possible, all meetings would be held via video conference or teleconference, and that the legal periods would continue in the same way. At the same time, a guide on mergers and acquisitions was published41.
The French Competition Authority announced on March 27, 2020 a one-month suspension of legal periods due to the difficulty of collecting information42. A press release on May 18, 2020 stated that the legal deadlines would restart43.
The Portuguese Competition Authority imposed a fine on a company in the health sector for acquiring another health sector company without permission. However, in order not to disrupt the service provided, the fine was split into four installments44.
The postponement of merger acquisition applications due to competition authorities’ measures such as working remotely to maintain social distance resulted in the prolongation of the process and delays in operations. The European Commission issued a statement on March 13, 2020 stating that states can take state aid measures in accordance with EU rules to reduce the economic effects of Covid-1945. This statement announced that member states’ implementation of measures such as subsidies and tax suspensions based on EU rules can help to eliminate the liquidity problem. The Communication from the Commission Temporary Framework for State aid measures to support the economy in the current Covid-19 outbreak46 was published on March 19, 2020. Under this framework, EU member states can grant SMEs up to 800,000 euros in grants or refundable credit/tax assistance, and subsidized bank loans. This framework was subsequently expanded five times to further support Covid-19 research and the economy47. Many member states have announced measures to support citizens and companies to reduce the economic impact of the Covid-19 pandemic48.
On March 24, 2020, the American Federal Trade Commission and the Justice Department published a joint guide49 on business cooperation to protect the health and safety of Americans during the Covid-19 outbreak. This guide announced that cooperation requests made by enterprises in the production and distribution of Covid-19-related products will be concluded within seven days. Thereupon, business review letters were published supporting the cooperation of medical supplies distributors50, critical medicine distributors51, pork producers52, antibody producers53, and plasma therapy companies.54
The postponement of merger acquisition applications due to competition authorities’ measures such as working remotely to maintain social distance resulted in the prolongation of the process and delays in operations.
The Canadian Competition Bureau announced on April 8, 2020 that it was aware of the difficulties faced by businesses and would avoid investigating bona fide cooperations55. On March 9, 2020, the US Department of Justice warned the business world of violations of competition laws in the production, distribution, and sale of health products56. The then US President, Donald Trump, issued an executive order authorizing the Department of Health and Human Services to fine those who impose exorbitant prices on critical health products57. In addition, on the basis of the exorbitant price gouging in force in some states of the United States, investigations were opened into exorbitant prices in many states58. In states where there is no price gouging law, investigations were conducted based on consumer laws59. On the other hand, the Federal Trade Commission declared that seeking to take advantage of consumers’ concerns and fears regarding coronavirus, exigent circumstances, or financial distress would not be tolerated60. The US Government created the Covid-19 Hoarding and Price Gouging Task Force to combat the overpricing of critical products during the crisis61 in order to prevent the stockpiling or selling at exorbitant prices of health and medical products, including personal protective equipment, respirators, respirators, sterilization services, and disinfection devices.
The US Federal Trade Commission announced on March 13, 2020 that they temporarily switched to the electronic application system for merger and acquisition notifications62 and on March 17, 2020, announced that the commission had begun to work remotely63.
On March 18, 2020, the head of the Canadian Competition Bureau stated that the bureau had begun to work remotely and that the documents to be transmitted should be sent as digital copies rather than hard copies. A letter was published recommending that parties to mergers and acquisitions contact the bureau at the earliest possible date due to the difficulty of the bureau's contact with the market as many business people were also working remotely64.
IV. CONCLUSION
Competition authorities have been taking measures to reduce the negative effects of Covid-19 on competitive environments. Many competition authorities in Europe have published guidelines for the Covid-19 process. Certain actions have been taken by the competition authorities of many countries to adapt working methods to the current situation. On the other hand, while European states have taken measures such as state aid to reduce the negative effects of Covid-19 on the economy, the United States seems to lag behind Europe in this regard. Also, although during the Covid-19 crisis competition authorities in America and Europe have loosened their cooperation rules for supply chains, especially in the food and health sector, time will show whether or not this will work in Turkey.
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REKABET KURUMU, DUYURU, (Access Date: 21.01.2021) https://www. rekabet.gov.tr/tr/Guncel/duyuru-91e4ba53dc80ea11811800505694 b4c6
REKABET KURUMU, KAMUOYUNA DUYURU, (Access Date: 21.01.2021) https://www.rekabet.gov.tr/tr/Guncel/kamuoyuna-duyuru3b18d865266dea11811700505694b4c6
REKABET KURUMU, Maske alanında faaliyet gösteren 13 teşebbüs hakkında yürütülen soruşturmaya ilişkin nihai kararın 4054 sayılı Rekabetin Korunması Hakkında Kanun’un 49. maddesi uyarınca açıklanması (Access Date: 21.01.2021), https://www.rekabet.gov.tr/ Dosya/geneldosya/maske-nihai-karar-internet-duyurusu-pdf
REKABET KURUMU, Rekabet Kurumu Başkanı Birol KÜLE, dijital pazarlar ve Covid-19 dönemine ilişkin açıklamalarda bulundu. (9.1.2021), (Access Date: 21.01.2021) https://www.rekabet.gov.tr/tr/Guncel/rekabet-kurumubaskani-birol-kule-dijita-b8826a0c7152eb11812700505694b4c6
REKABET KURUMU, Rekabet Kurumu Başkanı Birol KÜLE’nin Yaş Meyve Sebze Fiyatlarına İlişkin Basın Açıklaması, (Access Date: 21.01.2021) https://www.rekabet.gov.tr/tr/Guncel/rekabet-kurumu-baskani-birol-kulenin-ya-19def560896eea11811700505694b4c6
T.C. TICARET BAKANLIĞI, Koronavirüs Salgını Nedeniyle Esnaf ve Sanatkarlar ile Gerçek Kişi Tacirlere Verilecek Destekler Hakkında Duyuru, (Access Date: 21.01.2021) https://ticaret.gov.tr/duyurular/ koronavirus-salgini-nedeniyle-esnaf-ve-sanatkarlar-ile-gercek-kisitacirlere-veri
T.C. TICARET BAKANLIĞI, Ticaret Bakanlığı 81 ildeki market, pazar yeri ve hallerde fahiş fiyat denetimi yaptı, (Access Date: 20.02.2021) https:// ticaret.gov.tr/haberler/ticaret-bakanligi-81-ildeki-market-pazar-yeri-vehallerde-fahis-fiyat-denetimi-y
U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, HHS Implements President Trump’s Hoarding Prevention Executive Order, (Access Date: 28.01.2021) https://www.hhs.gov/about/ news/2020/03/25/hhs-implements-president-trumps-hoardingprevention-executive-order.html
U.S. DEPARTMENT OF JUSTICE OFFICE OF PUBLIC AFFAIRS, Justice Department Cautions Business Community Against Violating Antitrust Laws in the Manufacturing, Distribution, and Sale of Public Health Products, (Access Date: 28.01.2021) https://www.justice.gov/opa/pr/ justice-department-cautions-business-community-against-violatingantitrust-laws-manufacturing ÚŘAD PRO OCHRANU HOSPODÁŘSKÉ SOUTĚŽE, COMPETITION LAW ENFORCEMENT DURING THE CRISIS CAUSED BY COVID-19 DISEASE, (Erişim: 21.01.2021) https://www.uohs.cz/en/competition/ news-competition/2758-competition-law-enforcement-during-the-crisiscaused-by-covid-19-disease.html
WASHINGTON ATTORNEY GENERAL, AG FERGUSON STATEMENT ON PRICE GOUGING IN PUBLIC-HEALTH EMERGENCY, (Access Date: 28.01.2021) https://www.atg.wa.gov/news/news-releases/ag-fergusonstatement-price-gouging-public-health-emergency
WETTBEWERBSKOMMISSION, WEKO: Kartellrecht gilt während Corona-Krise, (Access Date: 26.01.2021) https://www.admin.ch/gov/de/ start/dokumentation/medienmitteilungen.msg-id-78586.html Комисия за Защита на Конкуренцията, Message by the CPC on the application of antitrust rules in the state of emergency situation concerning COVID-19, (Access Date: 21.01.2021) https://www. infobusiness.bcci.bg/comp-10-4-20.html
FOOTNOTE
1 Official Gazette (OG) dated 13.12.1994, numbered 22140.
2 Rekabet Kurumu, “KAMUOYUNA DUYURU (23.3.2020)”, https://www. rekabet.gov.tr/tr/Guncel/kamuoyuna-duyuru-3b18d865266de -a11811700505694b4c6 (Access Date, 21.01.2021).
3 Rekabet Kurumu, “Rekabet Kurumu Başkanı Birol KÜLE’nin Yaş Meyve Sebze Fiyatlarına İlişkin Basın Açıklaması (25.3.2020)”,https://www. rekabet.gov.tr/tr/Guncel/rekabet-kurumu-baskani-birol-kule-nin-ya-19def560896eea11811700505694b4c6 (Access Date, 21.01.2021).
4 Rekabet Kurumu, “COVID-19 Koruma-Kontrol Önlemi Duyurusu (6.4.2020)”, https://www.rekabet. gov.tr/tr/Guncel/covid-19-koruma-kontrol-onlemi-duyurusu-6df1b0842d78ea11811800505694b4c6 (Access Date, 21.01.2021).
5 Rekabet Kurumu, “DUYURU (17.4.2020)”, https://www.rekabet. gov.tr/tr/Guncel/duyuru-91e4ba53dc80ea11811800505694b4c6 (Access Date, 21.01.2021).
6 OG dated 17.04.2020, numbered 31102.
7 OG dated 28.05.2020, numbered 31138.
8 T.C. Ticaret Bakanlığı, “Ticaret Bakanlığı 81 ildeki market, pazar yeri ve hallerde fahiş fiyat denetimi yaptı”, https://ticaret.gov.tr/haberler/ ticaret-bakanligi-81-ildeki-market-pazar-yeri-ve-hallerde-fahis-fiyat-denetimi-y (Access Date, 20.02.2021).
9 Rekabet Kurumu, “ARALARINDA ZİNCİR MARKETLERİN DE BULUNDUĞU 29 TEŞEBBÜS HAKKINDA SORUŞTURMA BAŞLATILDI (7.5.2020)”, https://www.rekabet.gov. tr/tr/Guncel/aralarinda-zincir-marketlerin-de-bulundu-8828c79f5f90ea11811a00505694b4c6 (Access Date, 21.01.2021).
10 T.C. Ticaret Bakanlığı, “Koronavirüs Salgını Nedeniyle Esnaf ve Sanatkarlar ile Gerçek Kişi Tacirlere Verilecek Destekler Hakkında Duyuru”, https:// ticaret.gov.tr/duyurular/koronavirus-salgini-nedeniyle-esnaf-ve-sanatkarlar-ile-gercek-kisi-tacirlere-veri (Access Date, 21.01.2021).
11 OG dated 24.12.2020, numbered 31344.
12 Rekabet Kurumu, “Maske alanında faaliyet gösteren 13 teşebbüs hakkında yürütülen soruşturmaya ilişkin nihai kararın 4054 sayılı Rekabetin Korunması Hakkında Kanun’un 49. maddesi uyarınca açıklanması”, https://www.rekabet.gov.tr/Dosya/ geneldosya/maske-nihai-karar-internet-duyurusu-pdf (Access Date, 21.01.2021).
13 Rekabet Kurumu, “Rekabet Kurumu Başkanı Birol KÜLE, dijital pazarlar ve Covid-19 dönemine ilişkin açıklamalarda bulundu. (9.1.2021)”, https://www.rekabet.gov.tr/tr/Guncel/rekabet-kurumu-baskani-birol-kule-dijita-b8826a0c7152eb11812700505694b4c6 (Access Date, 21.01.2021).
14 OG dated 06.02.2020, numbered 31387.
15 OG dated 28.05.2020, numbered 31138.
16 European Competition Network, “Antitrust: joint statement by the European competition authorities on the Corona crisis”, https://ec.europa.eu/competition/ ecn/202003_joint-statement_ecn_corona-crisis.pdf (Access Date, 21.01.2021).
17 Competition and Markets Authority, “COVID-19: CMA approach to essential business cooperation”, https://www.gov.uk/government/news/ covid-19-cma-approach-to-essential-business-cooperation (Access Date, 21.01.2021).
18 Autorità Garante della Concorrenza e del Mercato, “ICA: Notice on cooperation agreements between businesses within the framework of the coronavirus emergency”, https://en.agcm.it/en/ media/press-releases/2020/5/ICA-Notice-on-cooperation-agreements-between-businesses-within-the-framework-of-the-coronavirus-emergency (Access Date, 21.01.2021).
19 Comisión Nacional de los Mercados y la Competencia, “Buzon especial para denuncias y consultas relacionadas exclusivamente con la aplicación de las normas de competencia en el contexto del Covid19”, https://www.cnmc.es/novedad/buzon-denuncias-consultas-centralizadas-covid19 (Access Date, 21.01.2021).
20 Autoridade da Concorrência, “Antitrust: Joint statement by the European Competition Network (ECN) on application of competition law during the Corona crisis”, http://www.concorrencia.pt/vEN/News_ Events/Comunicados/Pages/PressRelease_202005. aspx (Access Date, 21.01.2021).
21 Hellenic Competition Commission, “Competition Law Enforcement During Times of Extraordinary Social and Economic Circumstances – COVID 19 Pandemic”, https://www.epant.gr/en/enimerosi/ press-releases/item/838-press-release-competition-lawenforcement-and-covid-19-pandemic.html (Access Date, 21.01.2021).
22 Finnish Competition and Consumer Authority, “Competition legislation does not prevent necessary measures for safeguarding the supply of personal protective equipment and medicines”, https://www.kkv.fi/ en/current-issues/press-releases/2020/9.4.2020-competition-legislation-does-not-prevent-necessary-measures-for-safeguarding-the-supply-of-personal-protective-equipment-and-medicines (Access Date, 21.01.2021).
23 Conseil de la concurrence, “Covid-19 : Document d’orientation à destination des entreprises”, https://concurrence.public.lu/fr/actualites/2020/document-orientation-entreprises-coronavirus.html (Access Date, 21.01.2021).
24 Úřad pro ochranu hospodářské soutěže, “COMPETITION LAW ENFORCEMENT DURING THE CRISIS CAUSED BY COVID-19 DISEASE”, https://www. uohs.cz/en/competition/news-competition/2758-competition-law-enforcement-during-the-crisis-caused-bycovid-19-disease.html (Access Date, 21.01.2021).
25 “Message by the CPC on the application of antitrust rules in the state of emergency situation concerning COVID-19”, https://www.infobusiness.bcci.bg/comp10-4-20.html (Access Date, 21.01.2021).
26 Consiliul Concurenţei, “THE COMPANIES CAN ACT SO THAT TO AVOID THE SHORTAGE OF ESSENTIAL PRODUCTS”, http://www.consiliulconcurentei.ro/ wp-content/uploads/2020/04/masuri_ce_mar_2020_ english.pdf (Access Date, 26.01.2021).
27 Lietuvos Respublikos konkurencijos taryba, “EUROPEAN COMMISSION AND EU COMPETITION AUTHORITIES ENCOURAGE COMPANIES TO SEEK GUIDANCE ON COOPERATION INITIATIVES”, https:// kt.gov.lt/en/news/european-commission-and-eu-competition-authorities-encourage-companies-to-seek-guidance-on-cooperation-initiatives (Access Date, 26.01.2021).
28 Konkurrence- og Forbrugerstyrelsen, “Application of competition law during the covid-19 crisis”, https://www.en.kfst.dk/nyheder/kfst/english/ news/2020/20200323-ecn-joint-statement/ (Access Date, 26.01.2021).
29 Bundeswettbewerbsbehörde, “Coronavirus (COVID-19) and its impact on competition law in Austria”, https://www.bwb.gv.at/en/news/detail/news/ coronavirus_covid_19_and_its_impact_on_competition_law_in_austria_joint_statement_by_the_europea/ (Access Date, 26.01.2021).
30 Wettbewerbskommission, “WEKO: Kartellrecht gilt während Corona-Krise”, https://www.admin.ch/gov/ de/start/dokumentation/medienmitteilungen.msgid-78586.html (Access Date, 26.01.2021).
31 Communication from the Commission Temporary Framework for assessing antitrust issues related to business cooperation in response to situations of urgency stemming from the current COVID-19 outbreak 2020/C 116 I/02
32 European Comission, “Coronavirus: Commission adopts package of measures to further support the agri-food sector”, https:// ec.europa.eu/commission/presscorner/detail/ en/IP_20_788 (Access Date, 26.01.2021).
33 Authority for Consumers & Markets, “ACM: Health insurers are allowed to give health care providers financial support collectively during Coronavirus crisis”, https://www. acm.nl/en/publications/acm-health-insurers-are-allowed-give-health-care-providers-financial-support-collectively-during-coronavirus-crisis (Access Date, 26.01.2021).
34 Autorità Garante della Concorrenza e del Mercato, “DC9901-COV1 - ICA: competitive compatibility verified of the cooperation agreements between businesses for the distribution of masks and the moratorium scheme for consumer credit prepared by Assofin”, https://en.agcm.it/en/media/press-releases/2020/6/DC9901-COV1 (Access Date, 26.01.2021).
35 Comisión Nacional de los Mercados y la Competencia, “COVID-19 Complaints and queries involving the application of competition rules”, https://www.cnmc. es/sites/default/files/editor_contenidos/ Notas%20de%20prensa/2020/20200407%20 NP%20Balance%20Buz%C3%B3n%20 Covid_20200407_eng.pdf (Access Date, 26.01.2021).
36 Hellenic Competition Commission, “Press Release - Investigation in healthcare materials”, https://epant.gr/en/enimerosi/ press-releases/item/840-press-release-investigation-in-healthcare-materials.html (Access Date, 26.01.2021).
37 Hellenic Competition Commission, “Press Release - The interim results of HCC’s investigations on health and hospital equipment during covid-19 pandemic”, https:// www.epant.gr/en/enimerosi/press-releases/ item/1083-press-release-the-interim-resultsof-hcc-s-investigations-on-health-and-hospital-equipment-during-covid-19-pandemic. html (Access Date, 26.01.2021).
38 Pamela Barbaglia, “EU regulators ask companies to delay merger filings over coronavirus disruption”, https://www.reuters.com/ article/us-healthcare-coronavirus-eu-antitrust/eu-regulators-ask-companies-to-delay-merger-filings-over-coronavirus-disruption-idUKKBN2133YL (Access Date, 27.01.2021).
39 Directorate General for Competition - European Commission, “SPECIAL MEASURES DUE TO CORONAVIRUS / COVID-19: Update of 7th April 2020”, https://ec.europa.eu/competition/mergers/covid_19.html (Access Date, 27.01.2021).
40 Competition and Markets Authority, “COVID-19: CMA working arrangements”, https://www.gov.uk/government/news/covid19-cma-working-arrangements (Access Date, 27.01.2021).
41 Competition and Markets Authority, “Merger assessments during the coronavirus (COVID-19) pandemic”, https://www.gov.uk/ government/publications/merger-assessments-during-the-coronavirus-covid-19-pandemic (Access Date, 27.01.2021).
42 Conseil de la concurrence, “Adaptation of the time limits and procedures of the Autorité de la concurrence in times of health emergency”, https://www.autoritedelaconcurrence.fr/en/press-release/adaptation-timelimits-and-procedures-autorite-de-la-concurrence-times-health (Access Date, 27.01.2021).
43 Conseil de la concurrence, “Gradual lifting of the state of health emergency in France: re-instating statutory time limits”, https:// www.autoritedelaconcurrence.fr/en/press-release/gradual-lifting-state-health-emergency-france-re-instating-statutory-time-limits (Access Date, 27.01.2021).
44 Autoridade da Concorrência, “AdC fines Hospital Particular do Algarve for gun-jumping”, http://www.concorrencia.pt/ vEN/News_Events/Comunicados/Pages/ PressRelease_202004.aspx (Access Date, 27.01.2021).
45 European Comission, “COVID-19: Commission sets out European coordinated response to counter the economic impact of the Coronavirus*”, https://ec.europa.eu/ commission/presscorner/detail/en/ip_20_459 (Access Date, 27.01.2021).
46 Communication from the Commission Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak 2020/C 91 I/01
47 Communication from the Commission Amendment to the Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak 2020/C 112 I/01; Communication from the Commission Amendment to the Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak 2020/C 164/03; Communication from the Commission Third amendment to the Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak 2020/C 218/03; Communication from the Commission 4th Amendment to the Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak and amendment to the Annex to the Communication from the Commission to the Member States on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to short-term export-credit insurance 2020/C 340 I/01; Communication from the Commission Fifth Amendment to the Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak and amendment to the Annex to the Communication from the Commission to the Member States on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to shortterm export-credit insurance 2021/C 34/06
48 European Comission, “State aid cases”, https://ec.europa.eu/info/live-work-travel-eu/coronavirus-response/ jobs-and-economy-during-coronavirus-pandemic/stateaid-cases_en (Access Date, 27.01.2021).
49 Federal Trade Commission, “Federal Trade Commission and Justice Department Announce Expedited Antitrust Procedure and Guidance for Coronavirus Public Health Efforts”, https://www.ftc.gov/news-events/ press-releases/2020/03/ftc-doj-announce-expedited-antitrust-procedure (Access Date, 28.01.2021).
50 Department of Justice Office of Public Affairs, “Department of Justice Issues Business Review Letter to Medical Supplies Distributors Supporting Project Airbridge Under Expedited Procedure for COVID-19 Pandemic Response”, https://www.justice.gov/opa/pr/department-justice-issues-business-review-letter-medical-supplies-distributors-supporting (Access Date, 28.01.2021).
51 Department of Justice Office of Public Affairs, “Justice Department Issues Business Review Letter to AmerisourceBergen Supporting Distribution of Critical Medicines Under Expedited Procedure for COVID-19 Pandemic Response”, https://www.justice.gov/opa/pr/ justice-department-issues-business-review-letter-amerisourcebergen-supporting-distribution (Access Date, 28.01.2021).
52 Department of Justice Office of Public Affairs, “Department of Justice Supports National Pork Producers Council’s Ability to Combat Meat Shortage”, https://www. justice.gov/opa/pr/department-justice-supports-national-pork-producers-council-s-ability-combat-meat-shortage (Access Date, 28.01.2021).
53 Department of Justice Office of Public Affairs, “Department Of Justice Issues Business Review Letter To Monoclonal Antibody Manufacturers To Expedite And Increase The Production Of Covid-19 Mab Treatments”, https://www.justice.gov/opa/pr/department-justice-issues-business-review-letter-monoclonal-antibody-manufacturers-expedite (Access Date, 28.01.2021).
54 Department of Justice Office of Public Affairs, “Department of Justice Issues Positive Business Review Letter to Companies Developing Plasma Therapies for Covid-19”, https://www.justice.gov/opa/pr/department-justice-issues-positive-business-review-letter-companies-developing-plasma (Access Date, 28.01.2021).
55 Competition Bureau Canada, “Competition Bureau statement on competitor collaborations during the COVID-19 pandemic”, https://www.canada.ca/ en/competition-bureau/news/2020/04/competition-bureau-statement-on-competitor-collaborations-during-the-covid-19-pandemic.html (Access Date, 28.01.2021).
56 U.S. Department of Justice Office of Public Affairs, “Justice Department Cautions Business Community Against Violating Antitrust Laws in the Manufacturing, Distribution, and Sale of Public Health Products”, https://www.justice.gov/opa/pr/justice-department-cautions-business-community-against-violating-antitrust-laws-manufacturing (Access Date, 28.01.2021).
57 U.S. Department of Health & Human Services, “HHS Implements President Trump’s Hoarding Prevention Executive Order”, https://www.hhs. gov/about/news/2020/03/25/hhs-implements-president-trumps-hoarding-prevention-executive-order.html (Access Date, 28.01.2021).
58 Washington Attorney General, “AG FERGUSON STATEMENT ON PRICE GOUGING IN PUBLIC-HEALTH EMERGENCY”, https://www.atg. wa.gov/news/news-releases/ag-ferguson-statement-price-gouging-public-health-emergency (Access Date, 28.01.2021); Illinois Attorney General, “ATTORNEY GENERAL RAOUL WILL TAKE ACTION TO STOP PRICE GOUGING ON ITEMS RELATED TO THE CORONAVIRUS”, https:// illinoisattorneygeneral.gov/pressroom/2020_03/20200317b.html (Access Date, 28.01.2021); New York Attorney General, “AG James: Price Gouging Will Not Be Tolerated”, https://ag.ny.gov/press-release/2020/ ag-james-price-gouging-will-not-betolerated (Access Date, 28.01.2021);
59 Michigan Attorney General, “Nessel Takes Action Against Online Retailer As COVID-19 Price-gouging Complaints Rise”, https://www. michigan.gov/som/0,4669,7-192- 29701_74909_74922-522149--,00. html (Access Date, 28.01.2021); Michigan Attorney General, “AG Nessel Sends Cease and Desist Letter to Menards For Price-gouging”, https:// www.michigan.gov/ag/0,4534,7-359- 92297_47203-521994--,00.html (Access Date, 28.01.2021).
60 Federal Trade Commission, “FTC Chairman Joe Simons Outlines the Agency’s Approach to Safeguarding Consumers during the Coronavirus Pandemic”, https://www.ftc.gov/ news-events/press-releases/2020/03/ ftc-chairman-joe-simons-out - lines-agencys-approach-safeguarding (Access Date, 30.03.2021).
61 Office of the Attorney General, “Department of Justice COVID-19 Hoarding and Price Gouging Task Force”, https://www.justice.gov/ file/1262776/download (Access Date, 23.03.2021).
62 Federal Trade Commission, “Premerger Notification Office Implements Temporary e-Filing System”, https://www.ftc.gov/news-events/ press-releases/2020/03/premerger-notification-office-implements-temporary-e-filing (Access Date, 28.01.2021).
63 Federal Trade Commission, “Justice Department Announces Antitrust Civil Process Changes for Pendency of COVID-19 Event”, https://www.justice.gov/opa/pr/ justice-department-announces-antitrust-civil-process-changes-pendency-covid-19-event (Access Date, 28.01.2021).
64 Competition Bureau Canada, “Letter from the Commissioner to the Canadian Bar Association regarding impacts of the COVID-19 pandemic”, https://www.competitionbureau.gc. ca/eic/site/cb-bc.nsf/eng/04523.html (Access Date, 28.01.2021).
