A judge presiding over Anthem's merger appeal called attention to the brief filed by our law office and signed by major consumer groups and others. The brief was cited to call into question Anthem's claims about pro-consumer efficiencies that would allegedly result from the merger with Cigna. The judge's question was (paraphrased), If this merger is so good for consumers, why did major consumer groups file an amicus brief in support of the lower court's decision to block the merger? There is a notable absence of consumer and employer support for the merger. To which Anthem could only muster the sentiment, They don't understand that it will be good for them.
The three judges presiding at the DC Circuit Court of Appeals are Judges Rogers, Kavanaugh, and Millett. The brief, organized by the Coalition to Protect Patient Choice and filed by the Law Offices of David Balto, was signed by American Antitrust Institute, Consumers Union, Consumer Action, Consumer Federation of America, United States Public Interest Research Group, Universal Health Care Foundation of Connecticut, Sergeants Benevolent Association, Connecticut Citizen Action Group, and California Reinvestment Coalition.