(Credit: Tashatuvango/Adobe Stock) Antitrust Cops Disavow Collusion 'Safety Zones,' Leaving Companies Walking on Eggshells
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
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.
That's when it withdrew long-standing "safety zones" guidance, which gave health care competitors leeway to exchange certain kinds of information without fear that regulators would pounce, charging collusion or other antitrust violations.
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