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Information Sharing in 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, December 18, 2024

Recorded event now available

or call 1-800-926-7926

This CLE course will guide healthcare counsel on antitrust violations that can arise when competitors share information. 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 a broad range of collaborations, including mergers, joint ventures, accountable care organizations, clinically integrated networks, and management and professional services agreements.

These initiatives often require that parties exchange detailed operational and financial information, which in some cases may be considered competitively sensitive. Such exchanges may raise significant antitrust concerns. At the same time, the federal antitrust agencies have withdrawn guidance related to proper information sharing arrangements. Healthcare counsel need to be able to identify when information exchanges raise potential antitrust issues, and in such cases, take steps 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 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?
  • Should parties rely on now-withdrawn guidance related to information sharing in the healthcare sector?
  • What safeguards should companies implement to ensure information sharing will not violate antitrust law?

Faculty

Elsasser, Jonathan
Jonathan Elsasser
Attorney
Clifford Chance

Mr. Elsasser advises clients on all aspects of antitrust and competition law, with particular experience representing...  |  Read More

Oliver, Leigh
Leigh L. Oliver
Partner, U.S. Head of Antitrust and Co-Chair Global Healthcare & Life Sciences
Clifford Chance

Ms. Oliver specializes in antitrust issues ranging from bet-the-company merger control matters to state and federal...  |  Read More

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