February 8, 2023

Loss of 3 DOJ Policy Statements Leaves Trade Orgs in Dark

Kenneth Racowski | David C. Kully | Caitlin F. Saladrigas

Antitrust attorneys Kenneth Racowski, David Kully and Caitlin Saladrigas co-authored an article for Law360 analyzing the U.S. Department of Justice's (DOJ) descision to rescind three policy statements affecting the healthcare markets. These policy statements addressed topics including hospital mergers, hospital joint ventures and physician network joint ventures. Significantly, they provided guidance to companies across the healthcare industry on what conduct would not violate antitrust laws and would thus would not be challenged by the government in an enforcement action. In this article, the authors discuss the implications the withdrawal of these statements will have for trade organizations and other stakeholders. They offer takeaways concerning information sharing, antitrust policies, and training and compliance.

The authors also published a Holland & Knight client alert on this topic.

READ: Loss of 3 DOJ Policy Statements Leaves Trade Orgs in Dark (Subscription required)

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