Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

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Can Purchasing Efficiencies Save Mega-Mergers? The D.C. Circuit Says “No”

The D.C. Circuit recently blocked a proposed merger between two of the nation’s three largest health care insurers – Anthem and Cigna, raising doubts about the viability of the efficiencies defense in merger cases despite such a defense having been explicitly recognized in the 2010 FTC and DOJ Horizontal Merger Guidelines. Click here to read … Continue Reading
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