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#109 When Does Benchmarking Cause Antitrust Anxiety? The Use and Misuse of Competitors’ Data

https://ourcuriousamalgam.com/episode-player/1584/109-when-does-benchmarking-cause-antitrust-anxiety-use-misuse-competitors-data.mp3?stats-code=ocaPodcastSite
John Delacourt, Chief Legal Officer and Vice President, Global Initiatives, Plasma Protein Therapeutics Association

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

Related Links:

DOJ/FTC Statements of Antitrust Enforcement Policy in Health Care (1996)

DOJ/FTC Antitrust Guidance for Human Resource Professionals (2016)

Hosted by:

Alicia Downey, Downey Law LLC and Christina Ma, Wachtell, Lipton, Rosen & Katz


Posted On April 5, 2021

Posted By Our Curious Amalgam

Posted In Antitrust Horizontal Agreements PRACTICES

Tagged benchmark manipulation benchmarking collusion price-fixing

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Our Curious Amalgam explores topics in antitrust, competition, consumer protection, data protection, and privacy law around the world with leading experts in those areas. It is an amalgam because it is a group of diverse topics all in one place. It is curious because it gets the experts and asks them in-depth questions.

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