May 5, 2017

Anthem wants SCOTUS to take on blocked Cigna merger

Darron Cummings / AP; J. Scott Applewhite / AP

Anthem wants to take its twice-blocked merger with Cigna to the highest court in the land, announcing its plan to file a petition for a writ of certiorari with the Supreme Court, per Modern Healthcare.

Anthem's argument: The precedents relied upon by the lower courts that blocked the merger "must be updated to reflect the modern understanding of economics and consumer benefit." The D.C. Circuit court decision against the merger specifically cited the merger's "anticompetitive nature" for insurance participants.

Will it happen? It's a long shot — the Supreme Court only hears about 80 cases out of thousands. But Axios' Bob Herman noted this week that there was a dissenting judge in D.C. Circuit case. So if Anthem's arguments convinced that judge, they could get some traction with the Supreme Court.

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