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Congress Restores Application of Federal Antitrust Laws to Health Insurers

On December 23, 2020, the U.S. Senate unanimously passed the Competitive Health Insurance Reform Act of 2020, which includes a provision that would repeal the limited federal antitrust immunity currently granted to certain...more

Blue Cross to Face Per Se Review in Multidistrict Antitrust Litigation

On April 5, 2018, a Federal court held that Blue Cross health insurance plans’ “aggregation of a market allocation scheme” will be analyzed under the per se standard of antitrust review, which treats categories of restraints...more

Cigna Attempts to Cancel Merger with, and Sues, Anthem

On February 14, 2017, Cigna Corp. (Cigna) announced it would drop its $54 billion merger with Anthem, Inc. (Anthem) and filed an action against Anthem in the Delaware Chancery Court for a declaratory judgment that Cigna had...more

DOJ Wins Again, Blocks Anthem/Cigna Merger

On February 8, 2017, the United States District Court for the District of Columbia granted the Department of Justice, Antitrust Division’s (the “DOJ”) request for an injunction blocking Anthem’s proposed $54 billion...more

DOJ Challenges Health Insurance Merger

On July 21, 2016, the Department of Justice, Antitrust Division (the “DOJ”) announced that it, along with several state attorneys general, would sue to block two multi-billion dollar health insurance mergers between Aetna and...more

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