LeadingAge To DOJ/FTC: Restore Safe Harbors, Establish Antitrust Guidance on AI

Responding to a February 2026 public inquiry from the Department of Justice (DOJ) and the Federal Trade Commission (FTC) seeking input on types of guidance that would be helpful in governing business collaborations, LeadingAge on May 1, 2026 submitted comments describing the types of collaborations our members engage in and the need for LeadingAge and other organizations to be able to collect and analyze information on members' behalf.

We emphasized the importance of clear, updated guidance specific to health care providers and additional guidance to assist nonprofit organizations, such as LeadingAge, in routine business activities. Specifically, we called for the re-establishment of safe harbors that were eliminated when prior guidance was withdrawn. These safe harbors provided bright-line standards for certain types of competitor collaborations, such as clinically integrated provider networks; and criteria that permits organizations to collect, analyze, and disseminate data from and among competitors through third-party entities. Without such guardrails, organizations are left to guess whether routine, beneficial collaborations could expose them to antitrust scrutiny, creating uncertainty and risk.

We also argued for the agencies to establish specific guidelines related to artificial intelligence that when utilized collectively may lead to algorithmic collusion that can harm consumers through higher costs or reduced access to needed care and services.

The full comment letter can be found here.