Anthem hopes Aetna's failure will be its success in antitrust case: 5 key notes

Indianapolis-based Anthem is using elements of Hartford, Conn.-based Aetna's antitrust case in an attempt to win its own antitrust case, The Hartford Courant reports.

Here's what you should know.

1. Anthem filed four additional pages of arguments last week, largely based on the 158-page Aetna-Humana decision.

2. In one instance, Anthem cited economist Mark Israel to say the Anthem's $2.4 billion in lowered bills would "be enjoyed almost fully by the combined firm's corporate customers."

3. Aetna showed only 42 percent of its savings would benefit its customers, while Anthem testified that Anthem would return 98 percent of the merger savings to its customers.

4. Anthem also argued against the Department of Justice's claim that Humana was not a national competitor.

5. DOJ lawyers responded by saying "Anthem was arguments it made throughout the two-phase trial in federal court. It said that the savings only counteract the loss of competition if the savings aren't a result of monopoly power. The government says that Anthem would use monopoly power to drive down health providers' fees, and that they might suffer such economic damage that they would close or scale back their offerings."

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