December 31, 2016

  • DOJ tried to drive home that while the industry at hand in this case is complex, the case has a simple antitrust answer. The presumption of unlawfulness was too much for Aetna to overcome. There may be alternatives, divestitures, and regulation, but the central que...

December 23, 2016

  • The witnesses today were Christine Hammer and Professor Aviv Nevo. Both sides summed up their arguments. Ms. Hammer stated that she was told Aetna would provide an outcome based analysis, but found no evidence of one, and that Mr. Gokhale's efficiency numbers were...

December 22, 2016

On December 21, a report was released by Senators Susan Collins and Claire McCaskill, the respective Chairman and Ranking Member of the Senate Aging Committee. The report, entitled “Sudden Price Spikes in Off-Patent Prescription Drugs: The Monopoly Business Model that...

December 21, 2016

  • The witnesses were Jonathan Orszag and Christine Hammer (an independent consultant hired to evaluate the efficiencies). The defense gave Orszag plenty of time to explain why Professor Nevo's merger analysis was wrong, while DOJ tried to discredit Orszag and point o...

December 19, 2016

  • The two witnesses today were Rajiv Gokhale (Executive Vice President of Compass Lexicon LLC) and Jonathan Orszag (Senior Managing Director at Compass Lexicon LLC).Gokhale focused on the efficiencies that would result from the merger, and Orszag stressed that the me...

December 16, 2016

  • The witnesses for today were Katherine Coleman (Director of the Medicare Drug & Health Plan Contract Administration Group at CMS), Kevin Counihan (Director and CEO of Marketplace at CMS), Shawn Guertin (Executive Vice President and Chief Financial Officer at Aetna)...

December 16, 2016

  • The witnesses for today were Dr. J. Mario Molina (President and CEO of Molina) and Lisa Rubino (Senior Vice President for Medicare for Molina). The defense presented Molina as a major, rapidly growing company that was up to the divestiture challenge while DOJ worke...

December 15, 2016

  • The witnesses for today were Mr. James Paprocki (works for Aetna), Leslie Carolina Kirk Koffman (sales manager for Humana in Kentucky), Cynthia Fulmer (works for Aetna, has responsibility for the Deep South and mid-South markets), Jeff Fernandez (Vice President of...

December 14, 2016

  • The witnesses today were Professor Aviv Nevo and the first defense witness, Bruce Broussard (CEO of Humana). DOJ concluded that the merger would drastically reduce competition and lead to higher prices, and the defense began to present why the merger was a good tra...

December 12, 2016

  • The witnesses for today were Aetna CEO Mark Bertolini, Steven Kelmar (Aetna's Executive Vice President), Karen Lynch (Aetna's President), Jonathan Mayhew (Aetna's head of individual and public exchange business) and Professor Aviv Nevo (professor at Northwestern wh...

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