UnitedHealth Subsidiary Cites DaVita Loss in No-Poach Case (1)

Surgical Care Affiliates LLC, a subsidiary of UnitedHealth Group that owns and operates outpatient surgical facilities across the country, is arguing recent Justice Department losses in similar criminal antitrust cases weaken the government’s case against it.

The DOJ alleged Surgical Care Affiliates entered into agreements with competitors not to poach each other’s senior-level executives and indicted the company in January 2021. SCA’s April 21 filing argues that losses in these other cases undermine the government’s per se standard used in this case—a standard that means the act is presumed to be inherently illegal.

Juries in two recent antitrust cases brought ...