DOJ Withdraws “Safety Zones” for Information Exchanges Evaluating Benchmarking Activities On A Post-Guidance Landscape
The Department of Justice Antitrust Division (“DOJ”) recently announced its withdrawal from a set of long- standing antitrust enforcement policy statements that many companies have relied on to determine whether to share historic pricing and related data with competitors. Among other rationales for its policy change, DOJ representatives have pointed to the growing use of sophisticated pricing algorithms in many economic sectors, which the agency contends have the capacity to use historic pricing data […]