Many industries routinely use data collected from multiple competing companies to develop price, cost and performance benchmarks. But when do benchmarking activities raise antitrust concerns? Co-hosts Alicia Downey and Christina Ma ask John Delacourt, general counsel to an international trade association and co-chair of the Antitrust Law Section’s Trade, Sports and Professional Associations Committee, about managing the risks of collective participation in benchmarking programs in an era of heightened antitrust scrutiny and enforcement. Listen to this episode to learn about the right way and the wrong way to collect and use competitors’ data.
John Delacourt, Chief Legal Officer and Vice President, Global Initiatives, Plasma Protein Therapeutics Association
DOJ/FTC Statements of Antitrust Enforcement Policy in Health Care (1996)
DOJ/FTC Antitrust Guidance for Human Resource Professionals (2016)
Alicia Downey, Downey Law LLC and Christina Ma, Wachtell, Lipton, Rosen & Katz