Efficiencies Defenses to Merger Challenges

, New York Law Journal


Antitrust columnist Elai Katz writes: In a thorough opinion evaluating the legality of a health insurance merger under antitrust law, the D.C. Circuit considered whether and when efficiencies may offset competitive concerns. Rejecting arguments that anticipated health care cost reductions should spare Anthem's proposed acquisition of Cigna from an antitrust challenge, a split panel upheld an injunction blocking the proposed merger because it was likely to lessen competition without offsetting benefits.

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