Economics at the Antitrust Division 2016–2017: Healthcare, Nuclear Waste, and Agriculture

This year the Antitrust Division of the U.S. Department of Justice litigated an unprecedented number of cases. Two mergers, Anthem with Cigna and Aetna with Humana, threatened to dramatically alter the face of commercial health insurance. The Anthem case raised questions of how to evaluate a claim that competition costs billions annually in potential medical cost savings. The Aetna case raised questions of how commercial insurers compete against the public programs—specifically Medicare. The Division also litigated numerous other civil matters including a proposed merger of nuclear waste disposal facilities. In that case, economists had to explore the scope and bounds of competition within a variety of regulatory regimes. And, in a merger of two new technologies that improve the efficiency of planting seeds, the emerging nature of the market led to interesting variations in the analysis. This overview of the economic issues in these particular cases is intended to provide insights into the challenges of enforcing antitrust law and the way in which economic analysis in particular is used to address those challenges.