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DOJ Signals Increased Scrutiny on Information Sharing

DOJ Signals Increased Scrutiny on Information Sharing

February 10, 2023 Click for PDF On February 2, 2023, DOJ announced the withdrawal of three policy statements concerning healthcare markets[1]: the 1993 Department of Justice and FTC Antitrust Enforcement Policy Statements in the Health Care Area (“1993 Statement”); the 1996 Statements of Antitrust Enforcement Policy in Health Care (“1996 Statement”) (which revised and expanded the 1993 statement); and the 2011 Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program (“2011 Statement”).[2] Taken…

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DOJ Withdraws Support for Healthcare Policy Statements and Increases Information Exchange Scrutiny

DOJ Withdraws Support for Healthcare Policy Statements and Increases Information Exchange Scrutiny

On February 2, 2023, Doha Mekki, Principal Deputy Lawyer Standard (DAAG) for the U.S. Office of Justice (DOJ) Antitrust Division, introduced the agency’s withdrawal of 3 enforcement plan statements related to details sharing and competitor collaboration in the healthcare industry.1 In follow, having said that, the statements were relied upon and steered enforcement decisions in other industries as effectively.2 Thus, the DOJ’s withdrawal of these coverage statements indicators that organizations can no lengthier depend on the assistance paperwork to shield them selves…

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