DOJ Antitrust Update Generates Uncertainty Surrounding Information Sharing and Transactions in the Healthcare Industry
Highlights
The Department of Justice’s Antitrust Division rescinded three “outdated” policy statements on antitrust enforcement in healthcare, and it is expected that the Federal Trade Commission (FTC) will take similar action
This announcement is significant for firms in the healthcare and other sectors that rely on benchmarking and other types of information exchanges that could soon be under heightened antitrust scrutiny
The announcement is also expected to affect how the division and FTC view transactions in the healthcare industry
On Feb. 3, 2023, the Antitrust Division of the Department of Justice withdrew three long-standing policy statements relating to antitrust enforcement in the healthcare market. Although policy statements do not have the force of law, this action signals a profound change in the division’s approach to antitrust enforcement.
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