The U.S. District Court for the District of Columbia blocked Aetna Inc.'s $37 billion deal to buy rival insurer Humana Inc. Attorney David Kully, a former head of the litigation section within the U.S. Department of Justice's Antitrust Division, weighed in on the matter.
"This is yet another hard-fought trial victory for the Antitrust Division. And it was not a slam-dunk case," said Mr. Kully. "Traditional Medicare looks, at least at first glance, like a good substitute for Medicare Advantage plans, but the court found that Medicare Advantage constituted its own product market. Antitrust lawyers will point to this case in the future in support of the idea that functionally interchangeable products are not necessarily in the same antitrust product market."
READ: Attys React To $37B Aetna-Humana Merger Ruling (subscription required)
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