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US: Aetna accuses DOJ of ‘serious delay and misconduct’ in Humana case

 |  October 5, 2016

Lawyers in the antitrust case surrounding Aetna Inc.’s proposed acquisition of Humana have accused the US Department of Justice with “serious delay and misconduct.”

Law.com reports that the companies are demanding access to regulatory information to defend the $37 billion deal.

The companies’ lawyers have requested sanctions, alleging that the government withheld about 1 million documents, according to the report. And they say the DOJ’s alleged obstruction has “gravely undermined” the companies’ ability to mount a defense against claims that the acquisition would hurt competition.

This lawsuit concerns how much market share the combined company would control in Medicare Advantage, a type of Medicare plan bought through a private insurer. Louisville-based Humana already is a big player in that space.

But the court will have to decide how to define “market,” and that might determine who wins this case. The DOJ says the market is only Medicare Advantage, but the companies say it also includes traditional Medicare.

Full content: Louisville Business Journal

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