BCBS Must Face Per Se Antitrust Test, 11th Circ. Rules

Law360 (December 12, 2018, 10:25 PM EST) -- Blue Cross Blue Shield insurers must face the per se legal standard that if proven says their behavior in allegedly divvying up geographic markets broke the law regardless of the impact on competition, the Eleventh Circuit said Wednesday.

The insurers had appealed a lower court ruling in April that they could not use antitrust defenses put forward in a move for summary judgment in the case. They took an interlocutory appeal to the Circuit Court, which turned them down without elaborating.

Health care providers are suing the insurance companies along with subscribers, claiming the insurers agreed not to compete with one...

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