Omnicare v. United Health
Testified on behalf of UnitedHealth, assessed damages in a lawsuit alleging that premerger coordination led to the joint exercise of monopsony power. Omnicare, a supplier of institutional pharmacy services, filed a lawsuit against UnitedHealth and PacifiCare Health Systems, two health insurance companies that merged in 2005. Omnicare claimed that any pre-merger coordination between UnitedHealth and PacifiCare led to the joint exercise of monopsony power—the ability of a buyer to depress the price paid for a product or service below the competitive price. Omnicare alleged that UnitedHealth and PacifiCare coordinated to lower the prices paid to Omnicare for its pharmacy services.