The US Court of Appeals for the 7th circuit rejects an antitrust lawsuit that challenged premerger planning and information exchanges between two health insurers (Omnicare / UnitedHealth)

This article has been selected for the business category, mergers section of the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Last week the U.S. Court of Appeals for the Seventh Circuit rejected an antitrust lawsuit by institutional pharmacy Omnicare that challenged premerger planning and information exchanges between two health insurers, UnitedHealth Group and PacifiCare Health Systems. Although this decision affirmed summary judgment for the defendants, it reflects the antitrust risks for parties to a proposed merger exchanging forward-looking information during merger discussions and suggests some best practices. "Gun jumping" Competitors planning a merger that they have not yet closed must balance the need to plan for the hoped-for

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  • Jones Day (Washington DC)
  • Jones Day (Houston)

Quotation

Toby G. Singer, J. Bruce McDonald, The US Court of Appeals for the 7th circuit rejects an antitrust lawsuit that challenged premerger planning and information exchanges between two health insurers (Omnicare / UnitedHealth), 10 January 2011, e-Competitions Bulletin January 2011, Art. N° 45217

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