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ARTICLE · 17 OCTOBER 2024

DOJ Speaks Again: Information Exchanges Can Constitute Stand-Alone Violation Of Antitrust Laws

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The US Department of Justice Antitrust Division (DOJ) continues to send strong warnings to companies sharing information outside of their organizations...

United StatesAntitrust/Competition Law
Lauren Norris Donahue
Lauren Norris Donahue
Victoria S. Pereira Duarte
Victoria S. Pereira Duarte

The US Department of Justice Antitrust Division (DOJ) continues to send strong warnings to companies sharing information outside of their organizations, including through third-party reporting services or pricing software, that such exchanges will be closely scrutinized and may be prosecuted as stand-alone violations of the US antitrust laws if they tend to harm competition. Last week, DOJ filed a statement of interest (Statement) in a multidistrict litigation where it took the position that:

  • "(1) information sharing alone can violate [antitrust law], even without proof of an agreement to fix prices; and
  • (2) information exchanges that report only aggregated data can violate the antitrust laws, even where the information is not linked to specific competitors."

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