Competition Corner

With advancements in artificial intelligence, the use of algorithmic software has increased across a variety of industries. So too has scrutiny by antitrust agencies, private plaintiffs, and state and local governments across the country.

On February 3, 2023, the Antitrust Division of the U.S. Department of Justice (DOJ) announced that it had withdrawn three policy statements that established certain enforcement “safety zones” or safe harbors for the exchange of competitively sensitive information and benchmarking exercises.

On July 14, 2023, the Federal Trade Commission joined action previously taken by the DOJ Antitrust Division in February 2023 and formally withdrew two longstanding antitrust enforcement policy statements directly affecting the health care industry and considered strong guidance across other sectors. Each of the policy statements had originally been issued jointly by the DOJ and FTC. With the DOJ’s withdrawal five months ago, the policies were considered effectively dead, and the FTC’s action of joining its sister agency now makes it official.

The Department of Justice’s Antitrust Division announced on Friday, February 3, that it is withdrawing three longstanding policy statements providing guidance concerning its enforcement of the antitrust laws in the health care industry, a move that leaves significant uncertainty in its stead.  Although focused on health care, the policy statements have long been relied upon as important guidance for competitor collaborations in other industries, particularly regarding sharing price- or cost-related information and joint purchasing.

A federal judge recently dismissed a complaint by two reporters alleging, among other things, that the Hollywood Foreign Press Association (HFPA)—the trade association responsible for the Golden Globe Awards—had illegally denied them membership and its associated benefits, i.e., access to celebrities.

How does the coronavirus (COVID-19) crisis increase antitrust risk? In this episode of Winston & Strawn’s Competition Corner Podcast, Partner Eva Cole discuss the challenges companies are facing as the virus impacts supply chains, and the steps they should take to mitigate their antitrust risk.