November 30, 2016

This week’s testimony in the merger trial of Anthem and Cigna has been more focused on innovation than the first week, which largely laid groundwork about the companies and the market. David Dranove, a prominent health care economist and the DOJ’s key expert economist,...

November 30, 2016

Testimony from Anthem CEO Joe Swedish and Cigna CEO David Cordani has been unsealed following a request from Judge Jackson for greater transparency from the parties. The companies originally wanted testimony sealed to protect sensitive business information from being g...

November 28, 2016

We wrote last week on our blog that the judge assigned to the Anthem-Cigna merger is likely to
look at recent precedent, specifically the Staples-Office Depot merger that was blocked this past
May. The case is not only the most recent major antitrust merger case brough...

November 23, 2016

Transparency is a hot topic in politics right now, but yesterday at the trial of Anthem and Cigna, we got a reminder that judicial transparency is also an important issue. The second day of trial began with a continuation of questioning Anthem CEO Joseph Swedish, howev...

November 22, 2016

The trial began today to challenge the $48 billion merger between Anthem and Cigna, two of the nation’s largest health insurers. The suit by the Justice Department to block the merger was driven by concerns over effects on consumers and whether Anthem would be able to...

November 18, 2016

In the complaint filed by the DOJ to enjoin the merger of Anthem and Cigna, the merger is characterized as an attempt to “combine the few remaining commercial health insurance options for business and individuals in markets throughout the country.” This Monday, the tri...

November 14, 2016

Customers count for a lot in merger cases. Congress passed the Clayton Act 102 years ago because the traditional tools of antitrust enforcement were not sufficient to protect consumers. Therefore Congress declared that any merger that may substantially lessen competiti...

November 14, 2016

The parties in the trial of Anthem and Cigna met today for a pretrial conference, in which they would discuss “mechanics, not merits,” as per instructions from the judge, Amy Berman Jackson. Plaintiff states listened by phone, something we learned today they will be ab...

November 10, 2016

As millions contemplate the meaning of the election of Donald Trump as our 45th President, some might speculate this may lead to the demise of the Justice Department’s challenges to the Aetna-Humana and Anthem-Cigna mergers.  They could not be more wrong.

First, federal...

November 8, 2016

At the beginning of this year, Massachusetts Attorney General Maura Healey sent a letter to Gilead Pharmaceuticals asking the company to revisit its pricing strategies for two Hepatitis C drugs, Sovaldi and Harvoni. Healey suggested the price of the drug restricts acce...

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