FTC Joins DOJ and Withdraws Policy Statements Governing Information Exchanges

At a Glance

• The FTC has rescinded policy statements governing the exchange of information among competitors, following similar action in February from the DOJ.
• The FTC will continue to act on a case-by-case basis, relying on general antitrust principles.

On July 14, 2023, the Federal Trade Commission (FTC) announced that it would join the Department of Justice (DOJ) in withdrawing long-standing policy statements governing the exchange of certain information among competitors.

As we reported in February 2023, the DOJ withdrew three health care policy statements. These statements were widely used across a variety of industries as guidance for the exchange of information among actual or potential competitors.

Now, in a 3-0 vote, the FTC also has rescinded the health care policy statements. Like the DOJ, the FTC explained that the “the statements no longer serve their intended purpose of providing accurate guidance to market participants.” Also like the DOJ, the FTC will continue to act on a “case-by-case basis,” relying on general antitrust principles. 

In light of the FTC’s withdrawal of the policy statements, organizations engaged in collaborative activities or contemplating an M&A transaction should continue to take precautions to minimize antitrust risk.