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United States v. Anthem, Inc.

United States Court of Appeals for the District of Columbia Circuit
855 F.3d 345 (2016)


Facts

Anthem, Inc. (defendant) was one of the four major health insurance carriers in the country. Anthem reached an agreement with Cigna Corporation, also one of the four major carriers, to merge. The U.S. Department of Justice (the government) (plaintiff) along with a dozen states, filed suit to permanently enjoin the merger. The government maintained that the merger was likely to substantially lessen competition in several markets, in violation of § 7 of the Clayton Act. Anthem argued that the merger’s anticompetitive effects would be outweighed by the fact that efficiencies created by the merger would yield a superior Cigna product at Anthem’s lower rates. Anthem’s experts presented evidence showing that the merger would create a substantial savings. The trial court found that Anthem failed to demonstrate that its plan was achievable and that the merger would benefit consumers. Anthem appealed the case.

Rule of Law

Issue

Holding and Reasoning (Rogers, J.)

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