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Second phase of Anthem-Cigna merger trial ends

Final arguments in Aetna and Humana merger reportedly delivered Friday.

Susan Morse, Executive Editor

The second phase of the Anthem-Cigna merger trial ended with closing arguements Wednesday, with a decision expected possibly this monthl.

The second phase of the trial, which started Wednesday, Dec. 14, concentrated on the regional implications of the $48 billion deal.

Phase one, which began in late November and ended Dec. 13, focused on the national implications of the merger.

Some experts had predicted that Judge Amy Berman Jackson could make a ruling after the end of phase one before phase two began.

[Also: First phase of Anthem-Cigna merger trial ends, with no decision]

The merger agreement between Anthem and Cigna, which has shown signs of strain during testimony, is in place until April, when Anthem must pay Cigna a $1.8 billion breakup fee if the deal falls apart due to contractual reasons.

Spokesmen for both Anthem and Cigna had no comment on the proceedings.

[Also: Unsealed merger trial documents show rift between Anthem, Cigna]

Citing antitrust and anti-competitive concerns, in July the Department of Justice brought injunctions against the Anthem-Cigna merger, and also against a plan for Aetna to buy Humana for $37 billion.

Final arguments in Aetna-Humana were reportedly delivered Friday before U.S. District Court Judge John Bates. This case hinged on Medicare Advantage, and whether it's a distinct market from traditional Medicare.

Experts have said the Aetna-Humana merger has a better chance of success than Anthem-Cigna, and there's been no signs of the bickering that's marked the relationship between Anthem and Cigna.

Aetna and Humana recently extended their merger deadline to mid-February from Dec. 31. Aetna's breakup fee if the merger doesn't happen by that date is $1 billion.

Clarification: This story was updated to reflect the correct dates of phases one and two of the Anthem-Cigna merger trial.

Twitter: @SusanJMorse