DOJ files motion to get hostile Anthem, Cigna letters
Department of Justice files court motion to obtain correspondence, in which each insurer allegedly accuses the other of breaking merger agreement.
Anthem headquarters
The Department of Justice has filed a court motion to force Anthem and Cigna to hand over letters that allegedly shows them accusing each other of breaching their merger agreement.
The planned $54 million merger, blocked by the Department of Justice in July, heads to court on November 21.
[Also: DOJ sues to block Anthem/Cigna, Aetna/Humana mergers as companies plan to fight back]
Anthem claims the merger would result in substantial efficiencies that outweigh anticompetitive concerns, but hostility between the insurers could hamper their integration, said Peter Schwingler, with the Department of Justice Antitrust Division, in the September 21 court filing.
"This hostility was apparent in letters between Defendants' CEOs before this litigation …" Schwingler wrote.
On August 17, the Department of Justice asked Anthem to produce the letters. The defendants objected on August 22, asserting their privilege to keep the documents private.
The correspondence isn't private as the letters are relevant to Anthem's defense and show adversarial communications, Schwingler said.
[Also: Anthem answers Department of Justice complaint on Cigna merger]
Under the merger agreement, Anthem's CEO and Cigna's CEO would run the combined firm as CEO and COO, the DOJ said.
In July, the Justice Department also filed a lawsuit to block Aetna's $37 billion merger with Humana. That trial is set for Dec. 5.
Twitter: @SusanJMorse
