Omnicare V. UnitedHealth: Premerger Best Practices

Law360, New York (January 26, 2011, 2:47 PM EST) -- Recently, the U.S. Court of Appeals for the Seventh Circuit rejected an antitrust lawsuit by institutional pharmacy Omnicare Inc. that challenged premerger planning and information exchanges between two health insurers, UnitedHealth Group Inc. and PacifiCare Health Systems Inc. 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...
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