By David Dahlquist, Laura Greenspan, Leigh Oliver & Kimberly Rancour –
Merger litigation is most often an exercise in predicting the future competitive effects of a transaction. In order to do this, the prosecution and defense marshal various types of evidence to persuade the court of their respective predictions about the future competitive landscape. This article focuses on the types of evidence that have played a critical role in recent healthcare merger challenges, including: (1) customer testimony, (2) internal party documents, (3) economic evidence, and (4) third party testimonial or documentary evidence; and why not all evidence is created equal in every merger challenge. The particular focus of this article is evidence used in the most recent health care merger challenges.
