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Health Law Scan

Legal Insights and Perspectives for the Healthcare Industry

DOJ Rescinds Longstanding Safe Harbor for Market Benchmarking Surveys

08 février 2023

The Antitrust Division of the US Department of Justice has withdrawn three longstanding enforcement policy statements regarding the exchange of competitively sensitive information in healthcare markets, e.g., through market benchmarking surveys. While the recission of the guidance does not itself change the law on competitors exchanging competitively sensitive information through intermediaries, our antitrust and competition team explains how the move signals potential increased federal scrutiny of that practice.

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