Information Sharing by Healthcare Collaborations: Managing Antitrust Risk Amid Increased DOJ and FTC Scrutiny
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide healthcare counsel on antitrust violations when competitors share information 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.
Outline
- The context for information exchanges in the healthcare sector
- Antitrust issues raised by information exchanges
- Factors impacting antitrust risk and how to identify high-risk situations
- Antitrust agency guidance and possible exemptions and "safety zones"
- Practical guidance for managing the antitrust risk
- 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
Professor Leigh L. Oliver
Partner
Clifford Chance
Ms. Oliver specializes in antitrust issues ranging from bet-the-company merger control matters to state and federal... | Read More
Ms. Oliver specializes in antitrust issues ranging from bet-the-company merger control matters to state and federal antitrust investigations. She has two decades of experience advising clients in heavily scrutinized industries, including healthcare, life sciences, aerospace and defense and industrials. She regularly represents clients before federal and state antitrust agencies and in merger litigation in federal court.
CloseJonathan Elsasser
Attorney
Hogan Lovells
Mr. Elsasser helps healthcare and life sciences companies navigate complex antitrust and health regulatory issues and... | Read More
Mr. Elsasser helps healthcare and life sciences companies navigate complex antitrust and health regulatory issues and achieve their business goals. He has extensive experience at all phases of the merger review process and has represented clients on matters before the Federal Trade Commission, U.S. Department of Justice, and several state attorneys general. He has significant experience representing healthcare and life sciences companies, including hospitals and health systems, payers, health technology companies, medical supply distributors, medical device manufacturers, and pharmaceutical companies. He has advised clients on a wide range of transaction-related issues, including assessments of proposed transactions or collaborations, Hart-Scott-Rodino filings, government investigations, and information sharing and integration planning. He also regularly advises clients on regulatory issues related to sales strategies, strategic initiatives, the fraud and abuse laws, and compliance policies and procedures.
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