Lisa Phelan, Joseph Folio, and Nina Worth published an article in Law360 discussing the Department of Justice Antitrust Division restarting its business review letter program two years after the division's revocation of long-standing guidance on information sharing and the competitor-collaboration guidelines.
The authors offered practical guidance for when companies should seek a business review letter, noting that "the process is generally best suited for proposed conduct that presents a novel or close antitrust question, requires coordination among competitors, or is sufficiently important that the requesting company values greater enforcement certainty despite the time and disclosure required."
Read the full article.