Yesterday, Cigna filed a brief in the Court of Appeals for the District of Columbia as part of an appeal of the Anthem-Cigna merger recently blocked by the District Court. It was widely reported (and cited by Judge Jackson in her ruling) that Cigna was a reluctant participant in its own attempted merger. Yesterday's brief offers yet another example of this odd dynamic.
Clocking in at just 4.5 pages of text, much of it repetitive, Cigna might win the distinguished honor of shortest antitrust brief ever filed. In the document, Cigna repeatedly says it defers to Anthem's brief. Contrast that with the trial, in which Cigna asked Judge Jackson if they could do their own cross-examination of a witness. Based on this document, it would seem that Cigna's attorneys listened to their mothers, fathers, and teachers...and didn't say much of anything at all.