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BCBS Can Appeal Ruling That Limits Antitrust MDL Defense

Law360 (June 13, 2018, 4:38 PM EDT) -- An Alabama federal judge Tuesday gave his blessing to a bid by Blue Cross Blue Shield plans facing a multidistrict antitrust suit for an immediate appeal of a ruling that bars the health insurer from arguing there were pro-competitive benefits from alleged collaboration between the plans.

U.S. District Judge David Proctor said in an order certifying BCBS' interlocutory appeal that there is significant room for disagreement on his April decision to apply the per se standard, which automatically assumes serious competition violations like price-fixing, to health...
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