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Change Can Be Hard: Will the DOJ Antitrust Division’s Loss of Its UnitedHealth/Change Merger Challenge Cause It To Reassess Its “No Settlements” Strategy?
Williams Mullen – Earlier this year, Assistant Attorney General Jonathan Kanter, who leads the Department of Justice’s Antitrust Division, announced that the Antitrust Division would eschew settlements in merger challenges in favor of taking such matters to trial. That strategy was most recently put to the test – and failed – with the September 19 ruling by D.C. District Court Judge Carl Nichols, who declined the DOJ’s request that he enjoin the $13 billion UnitedHealth/Change merger.