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FTC Withdraws Healthcare Antitrust Enforcement Policy Statement

FTC Withdraws Healthcare Antitrust Enforcement Policy Statement
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The Other Shoe Drops: What the FTC s Withdrawal of Long-Standing Antitrust Guidance in the Healthcare Industry and the Demise of its Information Sharing Safety Zone Really Means for Clients | Nelson Mullins Riley & Scarborough LLP

With minimal fanfare on a quiet summer Friday afternoon, the Federal Trade Commission (FTC) did what many have been expecting it to do for several months: it officially withdrew from.

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DOJ Withdraws 3 Healthcare Policy Guidelines

DOJ withdrew 3 policy statements about conduct in the healthcare sector. It is likely the DOJ will engage in a case by case analysis of information exchanges moving forward. The 2000 joint FTC and DOJ Antitrust Guidelines for Collaborations Among Competitors is still in effect.

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DOJ Signals Heightened Scrutiny on Information Exchanges

US Department of Justice Antitrust Division announced withdrawal of three policy statements related to antitrust enforcement in healthcare. Although the withdrawn statements focus on healthcare, DOJ’s decision to withdraw these statements will have broad impacts across industries.

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DOJ Withdraws Past Guidance Including

On February 3, 2023, the Antitrust Division of the Department of Justice (DOJ) withdrew its nearly 30-year-old guidance on information exchanges in the healthcare industry.

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