Analysis

Aetna's ACA Vendetta Gets Called Out In Merger Ruling

Law360, New York (January 23, 2017, 8:37 PM EST) -- Aetna didn’t just see its $37 billion merger with Humana blocked on Monday — a D.C. federal judge also accused the insurance giant of abandoning Affordable Care Act marketplaces to wound the Obama administration and evade antitrust scrutiny.

The dressing-down from U.S. District Judge John D. Bates endorsed the suspicions of many critics who accused Aetna Inc. of ditching certain ACA exchanges as retribution for the merger challenge, as opposed to business reasons. Although Aetna had previously cited financial considerations in dialing back its ACA participation, Judge Bates said Monday that the move boiled down at least partly to retaliation against...

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