ANTITRUST GUIDANCE — HURRICANES HARVEY AND IRMA

In the wake of the damage resulting from Hurricanes Harvey and Irma, cooperation among 

federal, state, and local governments, private organizations, and businesses will be necessary to rebuild 

the communities and economies affected by the hurricanes. While natural disasters often bring out the 

best in human compassion and spirit, they can also lead to unscrupulous individuals and organizations 

taking advantage of those in need. 

The Antitrust Division of the Department of Justice and the Federal Trade Commission (the 

“Agencies”) will hold accountable those who seek to illegally subvert competition and prey on those 

affected by Hurricanes Harvey and Irma. The Antitrust Division of the Department of Justice will 

criminally prosecute businesses involved in naked price-fixing, bid-rigging, or market-allocation

agreements. Both Agencies will investigate and take action against civil violations of the antitrust laws. In 

addition, the Federal Trade Commission will investigate and take action against companies and 

individuals that violate the consumer protection laws. The Agencies also are members of a multijurisdictional working group of federal and state law enforcement agencies established to investigate and 

prosecute hurricane-related illegal activity including, but not limited to: impersonation of federal law 

enforcement officials, identity theft, fraudulent activity related to solicitation for donations and charitable 

giving, and theft, see https://www.justice.gov/opa/pr/authorities-announce-formation-working-groupfight-hurricane-harvey-related-illegal-activity. For advice on avoiding disaster recovery scams and 

helping hurricane victims, see https://www.ftc.gov/news-events/press-releases/2017/08/ftc-advicehelping-hurricane-harvey-victims.

The federal antitrust laws are designed to protect consumers from illegal activity and are 

sufficiently flexible and resilient to accommodate beneficial collaborations that produce net 

procompetitive benefits for consumers. See Antitrust Guidelines for Collaborations Among Competitors, 

available at: https://www.ftc.gov/sites/default/files/documents/public_events/joint-venture-hearingsantitrust-guidelines-collaboration-among-competitors/ftcdojguidelines-2.pdf. Joint ventures and other 

collaborative arrangements can benefit consumers by enabling businesses to bring goods or services to 

market faster or at lower cost, or for participants to make products or services available they could not 

otherwise provide on their own. 

Hurricanes Harvey and Irma disrupted or destroyed many vital production and distribution 

facilities as well as numerous other business sectors, including telecommunications, health care, housing, 

and retail. The recovery from Hurricanes Harvey and Irma may require a range of collaborative efforts 

among competing firms — including joint ventures, joint licensing, and other similar contractual 

arrangements. Such collaborative efforts are subject to review under the antitrust laws, however, joint 

efforts of limited duration by businesses to restore these services more effectively and to assist the 

affected communities in recovering from the devastation may be beneficial and should not generally raise 

UNITED STATES OF AMERICA 

FEDERAL TRADE COMMISSION 

WASHINGTON, DC 20580

DEPARTMENT OF JUSTICE 

ANTITRUST DIVISION 

WASHINGTON, DC 20530
-2-

antitrust concerns. For example, hospitals or other health care facilities temporarily may need to combine 

certain resources or services to meet the health care needs of affected communities. Similarly, two or 

more firms might combine their distribution networks to better or more quickly bring needed products or 

services to their customers. These collaborations can be accomplished in a manner consistent with the 

antitrust laws rather than in conflict with them. Antitrust analysis of these collaborative arrangements can 

— and will — take into account the changes in market conditions as a result of the hurricanes. 

The Agencies are committed to reasonable and responsible application of the antitrust laws and 

will work closely with other federal agencies, state and local governments, and the business community 

involved in the recovery efforts from Hurricanes Harvey and Irma. 

Anyone with information on price-fixing, bid-rigging, market-allocation agreements, or other 

anticompetitive conduct should call the Antitrust Division’s Citizen Complaint Center at 888-647-3258, 

or visit http://www.justice.gov/atr/report-violations. Consumers or businesses with concerns about 

fraudulent activity can call the Disaster Fraud Hotline at 1-866-720-5721 or visit 

https://www.justice.gov/disaster-fraud/how-report-disaster-related-fraud.

September 12, 2017