DOJ Eliminates Safe Harbors for Information ExchangesThe DOJ’s Agri Stats suit comes months after the DOJ withdrew its long-standing policies regarding safe harbors for information sharing in the healthcare industry back in February 2023. This withdrawal signaled a shifting view on information sharing through third parties. According to the DOJ, Agri Stats also withholds its reports from purchasers, workers and farmers to create an information imbalance that further exacerbates the anticompetitive harm at play. [8]Implications for Company BenchmarkingThe DOJ case follows recent changes to agency guidance and enforcement actions involving information sharing. The DOJ’s civil suit is also a reminder to review how industry information sharing fits within a company's compliance program.

Source: Wall Street Journal October 13, 2023 12:32 UTC