Pre- and Post-Signing Discussions Found Not to Violate Sherman Act

2 February 2009
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This client update discusses the court's rejection of claims brought by Omnicare, Inc. under Section 1 of the Sherman Act, challenging certain information exchanges between merging parties UnitedHealth Group and PacifiCare Health Systems.  The decision includes a rare extended discussion of the relevant principles, for, as the court noted, "virtually no case law establishes standards for determining when premerger discussions are anticompetitive."