Information Sharing by Healthcare Collaborations: Managing Antitrust Risk

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, May 29, 2019

Recorded event now available

or call 1-800-926-7926
Course Materials

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


To control costs and provide more integrated care, healthcare entities are entering into mergers, joint ventures, 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 impact the 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 address the factors impacting 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.



  1. The context for information exchanges in the healthcare sector
  2. Antitrust issues raised by information exchanges
  3. Factors impacting 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


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?


Leibenluft, Robert
Robert F. Leibenluft

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

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

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video