The US Federal Court of Appeals for the 7th Circuit issues a decision in the healthcare sector clarifying the bounds of lawful information exchanges in pre-merger due diligence (Omnicare / UnitedHealth)

Federal Appeals Court Clarifies the Bounds of Lawful Information Exchanges in Pre-Merger Due Diligence* Information sharing between merging parties is a crucial part of pre-merger due diligence, yet courts have rarely weighed in to clarify when, if ever, such information exchanges run afoul of the antitrust laws. On January 10, 2011, a federal appeals court spoke for the first time on the topic. In Omnicare, Inc. v. UnitedHealth Group, Inc., No. 09-1152, a three-judge panel on the Seventh Circuit found that two merging health insurance companies had not violated antitrust and consumer-protection laws by sharing “generalized and averaged high-level pricing data” before consummation of the merger. The dispute arose out of

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • White & Case (Washington)

Quotation

George Paul, The US Federal Court of Appeals for the 7th Circuit issues a decision in the healthcare sector clarifying the bounds of lawful information exchanges in pre-merger due diligence (Omnicare / UnitedHealth), 10 January 2011, e-Competitions Bulletin January 2011, Art. N° 35888

Visites 371

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues