EI Principal David A. Argue Coauthors Article Entitled, “What Was Left Unsaid In Omnicare About Harm To Competition” in ABA Antitrust Section, Healthcare & Pharmaceuticals Committee.

Omnicare, Inc. v. UnitedHealth Group and PacifiCare Health Systems involved allegations of antitrust injury arising from an alleged complex “gun-jumping” conspiracy. The courts concluded that PacifiCare’s behavior was consistent with economically rational unilateral action, and there was insufficient evidence to infer the existence of a conspiracy. A review of the courts’ findings about the alleged conspiracy is interesting in itself, but understanding why competition would not have been harmed even if the defendants had acted as alleged is important as well.  Read Full Article