DOJ Antitrust Division Withdraws Three Healthcare Policy Statements as Part of Increasing Antitrust Scrutiny of Information‑Sharing Practices

On February 10, 2023, Cravath prepared a memo for its clients entitled “DOJ Antitrust Division Withdraws Three Healthcare Policy Statements as Part of Increasing Antitrust Scrutiny of Information‑Sharing Practices.” The memo examines the U.S. Department of Justice Antitrust Division’s recent announcement of its withdrawal of three policy statements from 1993, 1996 and 2011, respectively, which provided “safety zones” for certain practices in the healthcare industry. The memo concludes that companies should be cautious when participating in information exchanges or other forms of collaboration with competitors given the agency’s increasing scrutiny of information-sharing practices.

Please click here to read the memo.