United Health’s Acquisition of XL Health

Jon Orszag and Guillermo Israilevich were retained by Bruce Prager at Latham & Watkins LLP and John Harkrider at Axinn, Veltrop and Harkrider LLP to assist in securing DOJ approval for UnitedHealth Group’s acquisition of XL Health, a privately owned provider of Medicare Advantage plans with a focus on managing care of Medicare members with special needs (e.g., multiple chronic conditions). Compass Lexecon assisted in formulating arguments that suggested limited overlap markets between the two health insurers and dynamic competition with frequent entry and exit into different types of Medicare Advantage plans. These arguments and others were presented to the DOJ, which declined to block or further investigate the deal after the premerger review required under the Hart-Scott-Rodino Act. Orszag and Israilevich were assisted by Maria Stoyadinova, Katie Milliken, and Ben Wagner in the Washington, DC office.