Davis Polk advised our client McKesson, working with four other medical equipment suppliers, in obtaining antitrust clearance to work collaboratively to increase the supply of personal-protective equipment (PPE) and medications to address the coronavirus (COVID-19) pandemic.

 The April 4 business review letter from the U.S. Department of Justice was the first issued by an antitrust agency during the current crisis. In its press release, the DOJ noted that the companies are working together to “expedite and increase manufacturing, sourcing, and distribution of personal-protective equipment (PPE) and coronavirus-treatment-related medication.” These collaborative efforts are part of an emergency response developed and led by the Federal Emergency Management Agency (FEMA) and the U.S. Department of Health and Human Services (HHS).

On March 24, the DOJ and the Federal Trade Commission jointly announced expedited antitrust procedures and competitor collaboration guidance for businesses working to protect Americans’ health and safety during the coronavirus crisis.

The Davis Polk antitrust team included partners Jon Leibowitz and Howard Shelanski, counsel Suzanne Munck af Rosenschold, and associate Anthony Ricci. Members of the Davis Polk team are based in the Washington DC office.

The companies’ request for the business review letter can be found here.

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