​FTC joins DOJ in rescinding healthcare antitrust guidance

The Federal Trade Commission (FTC) announced the withdrawal of two antitrust policy statements the agency deemed “outdated.”

The decision targets guidance on antitrust enforcement in healthcare published in August 1996 and on accountable care organizations published in October 2011. The move puts the FTC in line with the Department of Justice, which similarly withdrew its guidance on each matter earlier this year.

“Given the profound changes in these markets over the last 30 years, the statements no longer serve their intended purpose of providing accurate guidance to market participants,” said the FTC in a press release Friday. “Rather, the commission’s extensive record of enforcement actions, policy statements, and competition advocacy in healthcare provide more up-to-date guidance to the public.