United States v. Anthem, Inc.
United States Court of Appeals for the District of Columbia Circuit
855 F.3d 345 (2016)
Relevant factsFree
Anthem (defendant) sought to merge with fellow major insurer Cigna, and the Justice Department and a dozen states (plaintiffs) sued to enjoin the merger under Clayton Act § 7 as substantially lessening competition; Anthem argued merger-specific efficiencies would produce a superior product at lower rates, but the trial court found Anthem failed to show its efficiency plan was achievable or would benefit consumers, and enjoined the merger.
IssueFree
Whether a healthcare provider seeking to merge with another provider can overcome a charge of anti-competitiveness without demonstrating that the merger would create efficiencies overcoming its anticompetitive effects.
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