DOJ Eliminates Health Care “Antitrust Safety Zones”
This Featured Article is contributed by AHLA's Antitrust Practice Group.
- February 10, 2023
- Vic Domen , Norton Rose Fulbright US LLP
- Gerald Stein , Norton Rose Fulbright US LLP
- Carsten Reichel , Norton Rose Fulbright US LLP
The environment surrounding information sharing and transactions in the health care sector has grown less certain as the two U.S. antitrust agencies—the Department of Justice’s (DOJ) Antitrust Division and the Federal Trade Commission (FTC)—continue to alter the enforcement landscape. In the most recent action, on February 3, 2023, the DOJ withdrew its support for three policies that created longstanding safe harbors from antitrust enforcement on which the health care industry has relied for nearly 30 years.[1] While the FTC did not issue a statement joining the DOJ, it is expected they will follow suit following a vote by the Commissioners. The health care industry immediately should take note of this and work to structure transactions and collaborate in new ways.
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