In almost a week, the trial over Indianapolis-based Anthem's proposed purchase of Cigna, based in Bloomfield, Conn., will go to trial, according to Hartford Courant.
Here are five thoughts:
1. Antitrust regulators argued in a recent brief that the regulators are not mandated to show that Anthem will increase prices, lower provider reimbursement or decrease care's quality. Rather, the judge should rule the merger is illegal if that merger raises the market share for the combined company in an existing concentrated market.
2. Anthem claims its merger would rein in costs for providers, which will also fare well for consumers. Large companies that pay healthcare bills directly will bear the brunt of the lower reimbursement rates that Anthem would negotiate following the deal.
3. Anthem also argues the merger will allow the company to transition from a regional to a national payer. Anthem lawyers wrote, "A prime reason for the proposed merger is to provide Anthem with Cigna's nationwide network so that Anthem may for the first time become a true nationwide competitor."
4. During the trial, Anthem's defense team hopes to prove that U.S. customers do not believe Cigna is Aetna's competitor. Rather, the lawyers aim to show Anthem's closet contender is United Healthcare while Cigna finds its greatest competition in Aetna.
5. DOJ says it only has to prove to the judge the Anthem's bargain leverage will increase due to the merger.