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Attorneys make final arguments over Aetna, Humana deal — 5 notes

Last week, Department of Justice as well as Aetna and Humana attorneys made final arguments before U.S. District Judge John D. Bates, according to Bloomberg.

Here are five notes:

1. Judge Bates said he would give his decision in a "timely manner," although he did not provide a specific date.

2. DOJ attorneys said the $37 billion deal would serve to Medicare Advantage senior consumer's detriment with the DOJ attorney saying maintaining competition in the MA market is vitally important.

3. The central issue over the deals concerns whether the Medicare Advantage market is completely separate from the original Medicare marketplace. DOJ attorneys say the two operate distinctly from the other as many seniors pursue MA plans due to their less costly nature.

4. Aetna and Humana attorneys said the Medicare Advantage market and original Medicare market are alternatives and seniors can freely move between them.

5. Throughout the final arguments, Judge Bates asked both parties to define the marketplaces' ins and outs. Bloomberg reports the payers' argument did not fully convince the judge competition would remain in the MA marketplace if the deal came to fruition.

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