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The Change Healthcare Decision and Implications for Private Equity Sponsors

Antitrust enforcement agencies have recently asserted that private equity firms deserve heightened scrutiny when engaging in corporate transactions. However, in the recent Change Healthcare decision, the Court found that a proposed divestiture to a private equity sponsor would adequately preserve competition. Rejecting the DOJ’s arguments to the contrary, the Court found that the sponsor’s “incentives are geared towards preserving, and even improving, [the business’s] competitive edge.”

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