DOJ Withdrawal of Key Health Antitrust Guidance: Impact on Competitor Information Exchanges
This Bulletin is brought to you by AHLA’s In-House Counsel Practice Group.
- March 29, 2023
- Ashley M. Fischer , McDermott Will & Emery LLP
- Noah Feldman Greene , McDermott Will & Emery LLP
The Department of Justice (DOJ) Antitrust Division has withdrawn three antitrust enforcement policy statements specific to the health care industry. The policy statements, issued in 1993, 1996, and 2011 (collectively, Health Statements), addressed common competitor collaborations and practices and established “safety zones” of activities shielded from antitrust scrutiny. Notably, DOJ did not withdraw other guidelines that are not industry-specific, including the DOJ/Federal Trade Commission (FTC) Antitrust Guidelines for Collaborations Among Competitors and Antitrust Guidance for Human Resources Professionals.
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