U.S. v. ANTHEM, INC.

No. 17-5024 Consolidated with 17-5028.

855 F.3d 345 (2017)

UNITED STATES of America, et al., Appellees v. ANTHEM, INC., Appellant. Cigna Corporation, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 28, 2017.


Attorney(s) appearing for the Case

Christopher M. Curran argued the cause for appellant Anthem, Inc. With him on the briefs was J. Mark Gidley . Noah A. Brumfield , Matthew S. Leddicotte , and George L. Paul entered appearances.

Charles F. Rule was on the brief for appellant Cigna Corporation. Craig A. Benson entered an appearance.

Paul T. Denis and Steven G. Bradbury were on the brief for amici curiae Antitrust Economists and Business Professors in support of appellant.

Scott A. Westrich , Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Kristen C. Limarzi , James J. Fredricks , Mary Helen Wimberly , and Daniel E. Haar , Attorneys, Rachel O. Davis , Assistant Attorney General, Office of the Attorney General for the State of Connecticut, and Paula Lauren Gibson , Deputy Attorney General, Office of the Attorney General for the State of California. Loren L. AliKhan , Deputy Solicitor General, Office of the Attorney General for the District of Columbia, Sarah O. Allen and Tyler T. Henry , Assistant Attorneys General, Office of the Attorney General for the Commonwealth of Virginia, Ellen S. Cooper , Assistant Attorney General, Office of the Attorney General for the State of Maryland, Victor J. Domen Jr. , Senior Counsel, Cynthia E. Kinser , Deputy Attorney General, and Erin Merrick , Assistant Attorney General, Office of the Attorney General for the State of Tennessee, Jennifer L. Foley , Assistant Attorney General, Office of the Attorney General for the State of New Hampshire, Devin Laiho , Senior Assistant Attorney General, Office of the Attorney General for the State of Colorado, Layne M. Lindebak , Assistant Attorney General, Office of the Attorney General for the State of Iowa, Christina M. Moylan , Assistant Attorney General, Office of the Attorney General for the State of Maine, Irina C. Rodriguez , Assistant Attorney General, Office of the Attorney General for the State of New York, and Daniel S. Walsh , Assistant Attorney General, Office of the Attorney General for the State of Georgia, entered appearances.

David A. Balto was on the brief for amici curiae American Antitrust Institute, et al. in support of plaintiffs-appellees.

Edith M. Kallas , Joe R. Whatley, Jr. , and Henry C. Quillen were on the brief for amici curiae The American Medical Association and The Medical Society of the District of Columbia in support of appellees.

Douglas C. Ross , David A. Maas , and Melinda Reid Hatton were on the brief for amicus curiae American Hospital Association in support of appellees.

Richard P. Rouco was on the brief for amici curiae Professors in support of appellees.

Dissenting opinion filed by Circuit Judge Kavanaugh.


This expedited appeal arises from the government's successful challenge to "the largest proposed merger in the history of the health insurance industry, between two of the four national carriers," Anthem, Inc. and Cigna Corporation. Appellees Br. 1. In July 2015, Anthem, which is licensed to operate under the Blue Cross Blue...

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