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ARTICLE · 09 OCTOBER 2014

DOJ Letter On Cybersecurity Offers Guidance For Association-Sponsored Information Exchanges

Venable LLP
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The Department of Justice advised CyberPoint International LLC that its True Security Through Anonymous Reporting cyber intelligence data-sharing program does not raise antitrust concerns.

United StatesAntitrust/Competition Law
Andrew Bigart
Andrew Bigart
Jeffrey Tenenbaum
Jeffrey Tenenbaum

On October 2, 2014, the U.S. Department of Justice (DOJ) issued a business review letter advising CyberPoint International LLC that its True Security Through Anonymous Reporting (TruSTAR) cyber intelligence data-sharing program does not raise antitrust concerns.1 Although focused on the company's cybersecurity service, the DOJ letter provides a helpful reminder to trade and professional associations of the need to be cognizant of and review any proposed information exchange or benchmarking program for potential antitrust risk.

Although such programs offer numerous benefits for participating industry members and the public, any association-sponsored exchange of competitively sensitive information will draw heightened antitrust scrutiny because of the risk that the sharing of information can lead to anticompetitive agreements. We provide below a brief summary of the DOJ letter and recommended best practices for any trade or professional association interested

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