The Paul, Weiss Antitrust Practice advises clients on a full range of global antitrust matters, including antitrust regulatory clearance, government investigations, private litigation, and counseling and compliance. The firm represents clients before antitrust and competition authorities in the United States, the European Union, the United Kingdom and other jurisdictions around the world.
Seventh Circuit Affirms Dismissal of “Buyers’ Cartel” Claim, Provides Guidance Regarding Premerger Information Sharing
January 24, 2011
In a recent decision, Omnicare, Inc. v. UnitedHealth Group, the United States Court of Appeals for the Seventh Circuit provided useful guidance regarding the nature and scope of information that may be shared among competitors in advance of a merger. The case arose out of the merger of two health insurers, UnitedHealth and PacifiCare. Although the Court affirmed the dismissal, on summary judgment, of plaintiff's antitrust claim, the decision serves as a reminder that premerger information sharing among competitors may be subject to scrutiny by courts, as well as by the Department of Justice and Federal Trade Commission.