COVID-19 has had a profound effect on businesses and employees around the world. After the healthcare industry, perhaps no other sectors of the economy have been hit as hard as the gaming, leisure, and hospitality industries. The devastating effect of shutting down casinos and hotels is perhaps matched only by the daunting uncertainty of when things will open up again (though some glimmers of hope are on the horizon) and return to normal (if there is such a thing).
But while business has been halted for all or nearly all operators, antitrust enforcement has not. Despite the crisis, antitrust enforcers at the Federal Trade Commission (FTC), Department of Justice (DOJ), and state attorneys general (AG) offices remain on the job— even if from home. Consequently, gaming, leisure, and hospitality operators need to be as alert to antitrust compliance as ever, both now and when things open up again.