Federal Appeals Court Clarifies the Bounds of Lawful Information Exchanges in Pre-Merger Due Diligence
Information sharing between merging parties is a crucial part of pre-merger due diligence, yet courts have rarely weighed in to clarify when, if ever, such information exchanges run afoul of the antitrust laws. On January 10, 2011, a federal appeals court spoke for the first time on the topic. In Omnicare, Inc. v. UnitedHealth Group,…