DOJ Clarifies Stance On Information-sharing Practices With Statement Of Interest

The US Department of Justice (DOJ) recently filed a statement of interest (SOI) in an antitrust class action reminding businesses that participating in information exchanges – even when the information shared is aggregated, anonymized, and backward-looking – is not presumed lawful. Information exchanges are subject to a fact-intensive assessment to determine whether the information exchange harms competition. The statement provides guidance on the legality of information exchanges while the DOJ pursues its own enforcement agenda in this area.

In Depth

What happened?

On February 27, 2026, the DOJ filed an SOI in In re Frozen Potato Products Antitrust Litigation, an antitrust class action against four producers of frozen potato products and the data analytics platform to which the producers subscribed.