Analysis

Merger Savings Defense Gains Toehold From Anthem Ruling

Law360, Fort Wayne (May 2, 2017, 8:01 PM EDT) -- The D.C. Circuit ruled recently that more than $2 billion in claimed savings could not salvage the $54 billion Anthem-Cigna deal from an antitrust challenge by the government, but the court left an opening for companies to assert that efficiencies can redeem an otherwise anti-competitive merger.

So far, no district court that has considered the question has found that efficiencies were sufficient to offset the competitive harm of a deal. Some circuit court judges, including Circuit Judge Judith W. Rogers, who wrote the majority opinion in...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.