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DOJ Withdraws Policy Statements That Defined Limited Safe Harbor for Information Sharing Among Competitors
Foley & Lardner – On February 3, 2023, the U.S. Department of Justice’s Antitrust Division announced that it is withdrawing three policy statements the DOJ and Federal Trade Commission issued between 1993 and 2011, related to antitrust enforcement in the healthcare industry that, among other things, address the permissibility of information sharing. Although the now-withdrawn policy statements pertained specifically to health care, the statements have widely been used to inform the antitrust analysis of information sharing — such as pricing and wage surveys — across a range of industries.