It is a bleak time for most dealmakers as sagging stock prices and rising interest rates chill the mood for tie-ups. But an important court ruling from last week may boost spirits and ultimately transactions, especially in the healthcare sector.
After a trial earlier this year, a federal judge denied an attempt by the US Department of Justice to block the UnitedHealth Group from acquiring a claims and billing software company, Change Healthcare, for $13bn, a deal announced in 2021. UHG, with a market cap of nearly $500bn, is a large health insurer which in trying to buy Change did not seek to acquire a direct competitor. Rather it sought an innovative upstart that could expand UHC’s range of services.
The Biden administration saw things differently, arguing that UHG would stifle any rivals using Change’s products. The judge disagreed. The decision was a blow to US competition authorities, seeking to block takeovers even if immediate harm to consumers does not seem obvious from any consolidation. Another judge recently ruled in favour of lab equipment maker Ilumina in a similar kind of deal after a regulatory challenge.