Healthcare and the End of Antitrust Safety Zones: Increased Scrutiny of Information Exchanges, Collaborations, Mergers

Recording of a 90-minute CLE video webinar with Q&A

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Conducted on Wednesday, May 3, 2023

Recorded event now available

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Course Materials

This CLE webinar will guide healthcare counsel on the changing landscape for antitrust enforcement in the healthcare sector. The panel will discuss the Department of Justice's withdrawal of three long-standing antitrust policy statements related to enforcement in healthcare and what this means for the healthcare industry. The panel will offer best practices for navigating collaborations and transactions in light of the end of the antitrust safe harbors.

Description

On Feb. 3, 2023, the DOJ's Antitrust Division withdrew three long-standing policy statements relating to enforcement in healthcare, characterizing them as "outdated" and "overly permissive" on subjects such as information sharing. These policies provided safety zones covering certain hospital mergers, joint ventures, collaborations between providers and physician networks, and more. This withdrawal has created uncertainty for the healthcare industry.

With this withdrawal, the DOJ is indicating increased scrutiny of information exchanges. As a result, prudent healthcare companies and their counsel will carefully weigh the antitrust risk and evaluate future conduct, considering the potential pro-competitive and anti-competitive effects. Companies would also be wise to examine current operations in light of the evolving landscape.

Listen as our authoritative panel of healthcare attorneys discusses the shifting landscape for antitrust enforcement in the healthcare sector, the DOJ's withdrawal of three long-standing antitrust policy statements related to enforcement in healthcare, and what this means for the healthcare industry. The panel will offer best practices for navigating collaborations and transactions in light of the end of the antitrust safe harbors.

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Outline

  1. DOJ's withdrawal of three long-standing antitrust policy statements
  2. Implications for healthcare
  3. Best practices for navigating collaborations and transactions

Benefits

The panel will review these and other key issues:

  • What does the end of the safe harbors mean for healthcare?
  • What is the impact on competitor collaborations or mergers?
  • What steps should healthcare companies and their counsel take to ensure antitrust compliance?

Faculty

Donahue, Lauren
Lauren N. Donahue

Partner
K&L Gates

Ms. Donahue practices in the firm’s antitrust, competition and trade regulation and investigations, enforcement...  |  Read More

Ingrassia, John
John R. Ingrassia

Partner
Proskauer Rose

Mr. Ingrassia advises on the full range of antitrust matters in diverse industries, including chemicals,...  |  Read More

Stein, Gerald
Gerald A. Stein

Partner
Norton Rose Fulbright US

Mr. Stein’s comprehensive career as an antitrust litigator and as a former attorney with the Bureau of...  |  Read More

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