On March 9, 2017, Cleary Gottlieb partner Elaine Ewing participated in the panel discussion “The Health Insurance Mergers: Implications for Merger Law and the Health Care Industry.”
The discussion covered the District Court decisions recently granting motions by the Antitrust Division of the U.S. Department of Justice to enjoin the proposed Anthem/Cigna and Aetna/Humana mergers as part of the Insurance and Financial Services and Mergers Committees of the ABA Antitrust Section program.
The panel explored significant issues raised by these decisions for merger practitioners and those who practice in the health care area more generally, such as the relevance of government programs in market definition, the increased focus by the antitrust agencies in recent cases on national accounts, and how merger litigation can be affected by the distribution of antitrust risk in the merger agreement.