Late last week, the Department of Justice (DOJ) announced a
settlement in UnitedHealth's proposed acquisition of Amedisys
that imposed broad divestitures and, notably, a $1.1 million civil
penalty based on the DOJ's allegation that Amedisys falsely
certified it had "substantially complied" with a second
request. The unusual civil penalty is a reminder that
representations of "substantial compliance" can have
serious consequences, if not supported by appropriate compliance
efforts.
As part of a settlement resolving a challenge by DOJ and several
state Attorneys General to UnitedHealth's proposed acquisition
of Amedisys, Amedisys agreed to pay $1.1 million in civil penalties
and train certain senior executives (and other employees) on
antitrust compliance. According to the allegations contained in the
complaint, Amedisys violated the Hart-Scott-Rodino Antitrust
Improvements Act of 1976 (HSR Act) by falsely certifying that it
had substantially complied with DOJ's
