(Credit: Tashatuvango/Adobe Stock) Antitrust Cops Ditch Collusion 'Safety Zones,' Muddying What Rivals Can Say to One Another
The DOJ's and FTC's retreat from long-standing guidance on information-sharing appears to have been intended "to inject some uncertainty—to make people nervous about antitrust," Fenwick & West partner Steve Albertson said. "And it worked."
April 01, 2024 at 06:00 PM
6 minute read
Antitrust
The original version of this story was published on National Law Journal
What You Need to Know
- Federal antitrust enforcers last year withdrew long-standing guidance that gave health care competitors leeway to exchange certain kinds of information.
- The guidance had come to be viewed as a safe harbor for similar information sharing in other industries.
- Regulators are expected to scrutinize especially closely any information-sharing that could restrict how much employees are paid or where they can work.
The Department of Justice spooked the living daylights out of corporate legal and regulatory compliance teams at this time last year.
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