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Information Sharing Antitrust Provisions

Sheppard Mullin Richter & Hampton LLP

DOJ and FTC Issue Antitrust Guidelines for Business Activities Affecting Workers

Four days before President Trump took office, the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) (together, “the Agencies”) under the Biden administration released their “Antitrust Guidelines for Business...more

Foley & Lardner LLP

FTC and DOJ Withdraw Guidelines for Collaborations Among Competitors

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On December 11, 2024, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) (together, “the Agencies”) jointly withdrew the 2000 Antitrust Guidelines for Collaborations Among Competitors (“Guidelines”)....more

Mintz - Antitrust Viewpoints

Information Sharing in the Trump Administration

As January 20, 2025, approaches, antitrust practitioners and the business communities are searching for clues whether the incoming Trump Administration and its antitrust officials will continue the Biden Administration’s...more

K&L Gates LLP

DOJ Speaks Again: Information Exchanges Can Constitute Stand-Alone Violation of Antitrust Laws

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The US Department of Justice Antitrust Division (DOJ) continues to send strong warnings to companies sharing information outside of their organizations, including through third-party reporting services or pricing software,...more

Jenner & Block

[Ongoing Program] CLE Relay – Session 6 – Information Exchanges: Navigating Antitrust Risk Without Safe Harbors - June 25th, 10:00...

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In recent years, information exchange has become a priority for both government antitrust enforcers and private antitrust plaintiffs. Across industries, business practices such as benchmarking and algorithmic price setting...more

Jones Day

UK Housebuilders Avoid Immediate Regulatory Intervention, but Sector Now Faces Fresh Scrutiny on Information Exchanges

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The UK Competition and Markets Authority ("CMA") has identified "fundamental concerns" in the housebuilding sector and has made a series of recommendations for the UK, Scottish, and Welsh governments to consider, rather than...more

Morrison & Foerster LLP

FTC and DOJ Antitrust Division Will Update Guidance on Companies’ Preservation Responsibilities for Collaboration Tools and...

On January 26, 2024, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (the “Division”) announced that both agencies are updating language in critical documents for civil and criminal...more

A&O Shearman

DOJ Cracks Down on Third Party Information Benchmarking

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On September 28, 2023, the Department of Justice (DOJ) launched a civil suit against a benchmarking service provider that signals a crack-down on benchmarking involving the exchange of competitively sensitive information. ...more

A&O Shearman

Antitrust and information exchange: a new framework for analysis in the EU and UK

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The European Commission (EC) and the UK Competition and Markets Authority (CMA) have published new guidance on the assessment of cooperation between competitors. For the EU, this is contained in revised Guidelines on...more

Cadwalader, Wickersham & Taft LLP

Antitrust Enforcement Mid-Year 2023 Review

The year 2023 is proving to be a milestone year for antitrust enforcement.  Less so for novel cases and investigations and more so for the generational changes being proposed by the enforcement authorities for merger...more

Nelson Mullins Riley & Scarborough LLP

The Other Shoe Drops: What the FTC’s Withdrawal of Long-Standing Antitrust Guidance in the Healthcare Industry and the Demise of...

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 two healthcare antitrust enforcement...more

Holland & Knight LLP

Antitrust Considerations for Healthcare Joint Ventures

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The Federal Trade Commission (FTC) has been active in challenging hospital combinations. In June 2022, the FTC filed complaints to block two hospital transactions. Within weeks of the FTC's actions, both transactions were...more

Morgan Lewis

UK Competition and Markets Authority Advises Employers: No Poaching, Wage Fixing, or Information Sharing

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The UK Competition and Markets Authority has signalled its interest in bringing enforcement actions in the labour market by issuing guidance to employers on competition law compliance. The guidance warns employers that...more

Pillsbury Winthrop Shaw Pittman LLP

Recent DOJ Action Creates Uncertainty for Information-Sharing Programs

DOJ recently withdrew three antitrust policy statements that had provided guidance for information sharing by competitors Companies that participate in an information exchange should share sensitive information only with...more

Proskauer Rose LLP

DOJ Withdraws Three Decades of Health Care Antitrust Policy

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The DOJ continued its transformation of long-standing antitrust policy on February 3rd, withdrawing a slate of long-standing antitrust policy statements addressing healthcare markets and providers. The three guidance...more

Vinson & Elkins LLP

From Manila Envelopes to Algorithms: The Department of Justice Revisits Antitrust Information Sharing Guidance

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Sharing competitively sensitive information can carry antitrust risks in certain situations. Recently, the Antitrust Division of the U.S. Department of Justice indicated that it will take an increased interest in challenging...more

K&L Gates LLP

DOJ Antitrust Division Indicates Increased Scrutiny of Information Sharing and Use of Pricing Algorithms

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On 3 February 2023, the U.S. Department of Justice Antitrust Division (Division) announced significant changes to its review of companies’ information sharing practices, withdrawing three policy statements that previously...more

Holland & Hart LLP

Withdrawal of Antitrust "Safety Zones"

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The US Department of Justice recently announced its withdrawal of three decades-old policy statements recognizing antitrust “safety zones” relating to information sharing and collaboration among competitors. The statements...more

Stinson LLP

DOJ Repeals Healthcare Policy Statements Containing Longstanding Guidance on Information Sharing

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On February 3, the Department of Justice (DOJ) formally withdrew three antitrust policy statements related to enforcement in the healthcare industry. These policy statements—from 1993, 1996, and 2011—addressed topics such as...more

King & Spalding

DOJ Alters Standards for Information Sharing in Healthcare

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On Friday, February 3, DOJ announced that it is withdrawing three policy statements of antitrust guidance it has provided and that have been adopted by the healthcare industry for close to 30 years. The statements include...more

Foley & Lardner LLP

DOJ Withdraws Policy Statements That Defined Limited Safe Harbor for Information Sharing Among Competitors

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On February 3, 2023, the U.S. Department of Justice’s Antitrust Division (DOJ) announced that it is withdrawing three policy statements the DOJ and Federal Trade Commission (FTC) issued between 1993 and 2011, related to...more

Morrison & Foerster LLP

DOJ Signals Intent to Increase Antitrust Scrutiny of Information Sharing

On February 2, 2023, the Principal Deputy Assistant Attorney General for the U.S. Department of Justice’s (DOJ) Antitrust Division, Doha Mekki, announced that the DOJ was withdrawing three policy statements outlining safe...more

McGuireWoods LLP

DOJ Antitrust Division Announces Increased Scrutiny of Information Sharing

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On Feb. 2, 2023, Doha Mekki, a senior leader of the Department of Justice’s Antitrust Division, announced wholesale changes to the Antitrust Division’s review of companies’ information-sharing practices. The Antitrust...more

Vinson & Elkins LLP

The Intersection Between ESG Efforts and Antitrust Law

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Historically, companies gave little thought to antitrust considerations when they developed environmental, social, and governance (“ESG”) goals and plans. Recently, this has changed....more

McDermott Will & Emery

FTC and DOJ Draft Vertical Merger Guidelines Provide Additional Transparency to Agency Practice

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For the first time since the Department of Justice Antitrust Division (DOJ) published non-horizontal merger guidelines in 1984, the DOJ and Federal Trade Commission (FTC) issued updated Vertical Merger Guidelines to explain...more

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