Information-Sharing by Healthcare Collaborations: Managing Antitrust Risk

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


Conducted on Wednesday, May 30, 2018

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide guidance for healthcare counsel on antitrust violations that can arise when competitors share information either related to a partnership through a joint venture, ACO or merger. The panel will offer insights and guidance on the limitations of exchanging information and managing the antitrust risk.

Description

In an effort to control costs and provide more integrated care, healthcare entities are entering into mergers, joint ventures, accountable care organizations (ACOs), clinically-integrated networks, and other types of collaborations.

These initiatives involve exchanging information, often regarding costs, prices and other competitively-sensitive information. Such exchanges may raise significant antitrust concerns. Other information exchanges involve quality or clinical data that are unlikely to be antitrust-sensitive. Healthcare counsel need to be able to identify when information exchanges raise antitrust issues, and in such cases, how to minimize antitrust exposure.

Listen as our authoritative panel discusses the antitrust issues raised by information exchanges in the healthcare industry. The panel will discuss the factors affecting antitrust risk, guidance provided by the Federal Trade Commission and the Department of Justice, and the circumstances in which an antitrust exemption or “safety zone” might apply. The panel will offer practical advice for evaluating potential antitrust risks, and discuss several common information-sharing scenarios.

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Outline

  1. The context for information exchanges in the healthcare sector
  2. Antitrust issues raised by information exchanges
  3. Factors affecting antitrust rusk and how to identify high-risk situations
  4. Antitrust agency guidance and possible exemptions and “safety zones”
  5. Practical guidance for managing the antitrust risk
  6. Analyzing some common information-exchange scenarios

Benefits

The panel will review these and other critical questions:

  • What are the limitations on exchanging information? What activities should competitive collaborators avoid?
  • What guidance do enforcement agencies provide for information sharing in the healthcare sector?
  • What safeguards should companies implement to ensure information sharing will not violate antitrust law?

Faculty

Leibenluft, Robert
Robert F. Leibenluft

Partner
Hogan Lovells US

Mr. Leibenluft's practice is devoted entirely to health and antitrust matters, including counseling and litigation...  |  Read More

Oliver, Leigh
Leigh L. Oliver

Partner
Hogan Lovells US

Ms. Oliver's practice is devoted to antitrust law, including counseling and litigation on a wide range of legal and...  |  Read More

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