Health Care Antitrust Without the Health Care Guidelines: What Will the Future Hold?

In a largely unheralded announcement on February 3, 2023, the Department of Justice Antitrust Division (“DOJ”) withdrew three major antitrust policy statements applying to the health care industry (the Health Care Guidelines). The announcement has been met with widespread concern about the impact of the withdrawal on the industry, which over the last 30 years has arranged its affairs in the context of this guidance. The stated motivation for the DOJ’s withdrawal of the Health Care Guidelin