• Seventh Circuit Affirms Dismissal of “Buyers’ Cartel” Claim, Provides Guidance Regarding Premerger Information Sharing
  • January 24, 2011 | Authors: Robert A. Atkins; Andrew C. Finch; William B. Michael; Jacqueline P. Rubin; Joseph J. Simons
  • Law Firm: Paul Weiss Rifkind Wharton Garrison LLP - New York Office
  • 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. 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.