The Justice Department’s Antitrust Division (DOJ) recently withdrew its support from three joint policies with the Federal Trade Commission (FTC), each of which created antitrust safety zones for the health care industry, Baker Donelson reports.
The DOJ’s withdrawal from these statements reintroduces uncertainty in several areas where the health care industry had relied on its guidance.
The DOJ stated that it does not intend to replace the withdrawn statements with new guidance. Instead, the Antitrust Division will use “a case-by-case enforcement approach [that] will allow the Division to better evaluate mergers and conduct in health care markets that may harm competition.” Although expected to withdraw the statement, the FTC has not yet done so, which would require a majority vote by FTC Commissioners.
What can we expect from the DOJ’s new “case-by-case” approach? Ultimately, new enforcement challenges by the agency. In the meantime, health care providers should consult with counsel to develop and implement best practices to minimize antitrust risk when sharing information among competitors. Read more.
