EI News and Notes

Allied Waste Industries completes its $9 billion merger with Republic Services Inc.

William P. Hall, Henry B. McFarland and Michael G. Baumann worked with counsel for Allied during a six-month investigation by the Department of Justice into the combination of the second and third largest U.S. waste haulers. Allied was represented by Mayer Brown. The Department allowed the merger to proceed after Allied and Republic agreed to limited divestitures of certain assets.

UnitedHealth Group wins summary judgment.

David A. Argue was the expert witness on liability on behalf of UnitedHealth Group, Inc. and PacifiCare Health Systems. Dr. Argue was assisted by John M. Gale and Kent W Mikkelsen. Plaintiff Omnicare, Inc. alleged that a pre-merger conspiracy could be inferred between United and PacifiCare. Dr. Argue reasoned that the defendants’ conduct was consistent with independent actions, and the U.S. District Court Judge granted summary judgment on the same basis. The defendants were represented by Robins, Kaplan, Miller & Ciresi L.L.P. and Hogan & Hartson.

Australian Competition & Consumer Commission review of the BHP Billiton/Rio Tinto acquisition.

Joseph W. McAnneny was retained by the Australian Competition & Consumer Commission to help with its evaluation of the competitive impact of the proposed BHP Billiton acquisition of Rio Tinto. The transaction affected a number of mining markets, including markets for iron ore. The Commission decided not to oppose the transaction.