M&A Checklists Should Include State-Level Antitrust Review

Colorado Attorney General Phil Weiser announced that the state of Colorado brought and settled an antitrust challenge to the acquisition by UnitedHealth Group Inc. of DaVita Inc.'s Medical Group division. Weiser filed a lawsuit under the Colorado Antitrust Act alleging that the transaction would harm Medicare Advantage enrollees in Colorado Springs and seeking an injunction blocking the entire transaction. This sends a clear message to parties pursuing acquisitions: state attorneys general can and will use their own state antitrust laws to block the anti-competitive effects of even a nationwide merger when local-market effects warrant action.

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