The CMA has today given businesses reassurance that, if they need to cooperate to respond to the covid crisis this cooperation will not necessarily be treated as a breach of the competition rules. However, the CMA guidance was caveated, maining businesses should still take care and seek legal advice first:
“…the CMA has no intention of taking competition law enforcement action against cooperation between businesses or rationing of products to the extent that this is necessary to protect consumers – for example, by ensuring security of supplies.
“At the same time, the CMA will not tolerate unscrupulous businesses exploiting the crisis as a ‘cover’ for non-essential collusion. This includes exchanging information on longer-term pricing or business strategies, where this is not necessary to meet the needs of the current situation. More guidance on this will follow from the CMA in due course.” (Emphasis added.)