News & Analysis as of

Federal Trade Commission (FTC) Department of Justice (DOJ) Data-Sharing

Bass, Berry & Sims PLC

New Task Force to Target Healthcare Monopolies and Collusion

Bass, Berry & Sims PLC on

On May 9, the Department of Justice’s (DOJ) Antitrust Division announced the creation of a new task force, the Task Force on Health Care Monopolies and Collusion (HCMC), focusing on antitrust enforcement in the healthcare...more

Klein Moynihan Turco LLP

FTC Health Data Privacy Crackdown Continues

On April 11, 2024, Monument, Inc. (“Monument”), settled claims brought by the Federal Trade Commission (“FTC”) alleging that it had committed certain health data privacy law violations. Monument provides online addiction...more

Constangy, Brooks, Smith & Prophete, LLP

Antitrust for HR professionals

Maybe don’t get a drink with your competitor. These are not easy times to be in human resources. Attracting, recruiting, and retaining talented employees is as challenging as ever. As I have previously written, wages are...more

BCLP

Biden Administration Files Two New Lawsuits Aimed at Exclusionary Conduct and Information Exchanges

BCLP on

This week’s filings by the Federal Trade Commission (“FTC”) against Amazon.com, Inc. (“Amazon”) and the Department of Justice Antitrust Division (“DOJ”) against Agri Stats, Inc. (“Agri Stats”) exemplify the agencies’ broad...more

Orrick, Herrington & Sutcliffe LLP

FTC, DOJ sue health app over data sharing and privacy practices

On May 17, the DOJ filed a complaint on behalf of the FTC against a health app for violating the Health Breach Notification Rule (HBNR) by allegedly sharing users’ sensitive personal information with third parties, disclosing...more

Venable LLP

DOJ Withdraws Past Guidance Including "Safety Zone" for Information Exchanges

Venable LLP on

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, including the "safety zone" for benchmarking that...more

Epstein Becker & Green

Joint Development of Specialized Clinical Services

Epstein Becker & Green on

The Statements of Antitrust Enforcement Policy in Health Care (“Policy Statements”), issued jointly by the Department of Justice and Federal Trade Commission, provide, at Statement 3, guidelines for evaluating whether a joint...more

Epstein Becker & Green

Sharing of Clinical Information Generally Acceptable Under Antitrust Laws

Epstein Becker & Green on

Given the importance of population health management, providers (whether as part of a value-based arrangement or otherwise) share clinical information to help develop best practices and quality initiatives. Current guidance...more

Sheppard Mullin Richter & Hampton LLP

DOJ Will Not Challenge Cyber Security Data Sharing Platform

On October 2, 2014, the U.S. Department of Justice announced that a cyber intelligence data-sharing platform known as TruSTAR, developed by CyberPoint International, LLC, passed antitrust muster. The TruSTAR platform allows...more

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