Here’s what you should know.
1. The government asked the companies to turn over said letters. The companies objected citing the privileged nature of the correspondence. Privileged communication is legally protected communication between two parties of a private nature. It can only be turned over by a court order.
2. In a series of letters The Wall Street Journal reported on, Cigna and Anthem have exchanged hostilities about the potential merger several times already. Anthem was upset over Cigna’s “tendency to miss deadlines and submit paperwork in the wrong format during the antitrust review process.”
3. The government is arguing the letters are not privileged communication because of the adversarial nature.
4. The antitrust trial is set for Nov. 21. The companies must complete the merger by April 30. If they do not, Cigna will receive a $1.85 billion breakup fee from Anthem.
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