Antitrust Analysis of Health Plan, PBM, and Drug Wholesaler Mergers: Key Precedent  

Over the past several years, the Department of Justice, Federal Trade Commission, state attorneys general, and others have investigated or filed lawsuits seeking to block healthcare transactions. The following summaries represent key precedent relating specifically to healthcare mergers involving health plans, pharmacy benefit managers (“PBMs”), and drug wholesalers. These summaries highlight key considerations and possible remedies for transactions in these industries.