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 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, August 31, 2022

Recorded event now available

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Course Materials

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.

Description

To control costs and provide more integrated care, healthcare entities are entering into mergers, joint ventures, ACOs, clinically integrated networks, and other 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 that impact clinical data quality are unlikely to be antitrust-sensitive. Healthcare counsel needs 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.

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Outline

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

Oliver, Leigh
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

Elsasser, Jonathan
Jonathan Elsasser

Attorney
Hogan Lovells

Mr. Elsasser helps healthcare and life sciences companies navigate complex antitrust and health regulatory issues and...  |  Read More

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