Info Exchanges Must Stay Inside Now-Invisible Antitrust Lines

By Denise M. Gunter, Andrew Lee, Karen Rigberg

In an article published on September 14, 2023, in Law360, Denise Gunter, Andrew Lee, and Karen Rigberg discuss how parties involved in information exchanges can navigate the changing landscape as the FTC and DOJ exit long-standing policy statements and propose new guidelines for horizontal and vertical mergers.

“While the agencies’ withdrawal from the long-standing statements is certainly noteworthy, we do not believe it sounds the death knell for all information exchanges,” said Gunter, Lee, and Rigberg. “Rather, the withdrawal signals the renewed urgency for thoughtful, proactive antitrust analysis as well as continuous implementation and deliberate management and improvement of risk mitigation systems throughout the arrangements’ life cycle before parties can enter these arrangements.”

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