This CLE webinar will guide healthcare counsel on antitrust violations that can arise when competitors share information either 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.
To control costs and provide more integrated care, healthcare entities are entering into mergers, joint ventures, ACOs, clinically-integrated networks, and other types of 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 impact the quality or clinical data that are unlikely to be antitrust-sensitive. Healthcare counsel need to be able 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.
Antitrust agency guidance and possible exemptions and "safety zones"
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?
Mr. Leibenluft's practice is devoted entirely to health and antitrust matters, including counseling and litigation regarding antitrust issues involving hospitals, physicians, and health plans. He has worked as an attorney advisor in the FTC's Office of Policy Planning, concentrating on health and antitrust matters, and as Assistant Director for Health Care in the FTC's Bureau of Competition.
Ms. Oliver's practice is devoted to antitrust law, including counseling and litigation on a wide range of legal and policy issues relating to mergers and acquisitions, joint ventures, and competitor collaborations under federal and state antitrust laws. She has extensive experience working on government investigations into prospective and post-consummated mergers and acquisitions, coordinating all aspects of multi-jurisdictional merger reviews and investigations, and handling non-merger government investigations.
The presentation materials were very helpful and thorough.