Dive Brief:
- Aetna has stated the company will go to court if that's what it takes to push through its $37 billion Humana acquisition deal, Bloomberg reported Wednesday.
- The company contends there are multiple ways to ensure there would still be sufficient competition in the Medicare Advantage market.
- Sources said Aetna has already presented two such options to DOJ officials involving divestiture proposals.
Dive Insight:
Aetna's statement followed earlier reports that the Justice Department may be planning to file suits imminently to block the two massive mergers of Aetna with Humana and Cigna with Anthem.
“We will absolutely defend our deal in court should it come to that,” Aetna spokesman T.J. Crawford, told Bloomberg. The publication noted Aetna and Humana are bound by the terms of their agreement to fight any DOJ lawsuit unless they otherwise come to an agreement to drop the deal or settle the lawsuit.
If such assets are not divested and Aetna is allowed to buy Humana, it would dominate the Medicare Advantage market with a combined 4.5 million customers.
While antitrust regulators debate whether the deal would excessively limit consumer choice, Aetna said it would argue that officials should expand their view on the Medicare Advantage market by considering Medicare among consumer's competing options.
If a court agrees or the DOJ agrees in a settlement, that could "reduce or eliminate" the divestitures Aetna would need to undergo to proceed with the deal, Bloomberg reported.