ABA Panel on UnitedHealth-Change Merger and its Implications for Enforcement Includes AAI’s Diana Moss

AAI’s Diana Moss joined the ABA Program: Implications for Merger Enforcement from Recent Federal Court Decisions Related to Healthcare and Technology to discuss the implications of the outcome of the case. From the panel description:

Please join us for discussion of the implications from recent decisions impacting merger enforcement in the healthcare and technology space, including UnitedHealth’s recently completed acquisition of Change Healthcare. Following a yearlong investigation, the DOJ challenged the United/Change merger in DC District Court, alleging both horizontal and vertical theories of harm. After a two-week trial, the court rejected the DOJ’s case, ruling in favor of the of merging parties.  This distinguished panel discusses the implications of this ruling: (1) What does this mean for government enforcement? Of vertical mergers? Of tech mergers? Of healthcare mergers? (2) What does this mean for merger remedies and “litigating the fix”? (3) What does the trial teach us about merger litigation strategies and what evidence courts find persuasive? 

Moderator:

Paul Evan Wong – NERA

Speakers:

David Gelfand – Cleary Gottlieb Steen & Hamilton 

Diana Moss – American Antitrust Institute 

Leigh Oliver – Clifford Chance