Aetna-Humana and Algorithmic Market Definition in the Guidelines

Principal Nicholas Hill has co-authored an article with Kostis Hatzitaskos and Brad Howells of Cornerstone Research in the October 2017 issue of The Antitrust Source. In “Aetna-Humana and Algorithmic Market Definition in the Guidelines,” the authors postulate that the federal Horizontal Merger Guidelines contain a tension revolving around whether market definition must be strictly algorithmic or could instead be informed by both qualitative and quantitative evidence. They analyze how this tension played out in the recent Department of Justice challenge to the proposed Aetna-Humana merger.