Anthem-Cigna trial split up for faster ruling

The national and local market implications of the $54 billion proposed merger of Anthem and Cigna will be considered separately, potentially expediting the court decision on the case.

U.S. District Judge Amy Jackson Berman ordered on Oct. 4 the trial brought by the U.S. Department of Justice’s lawsuit against the deal would be divided in two parts. Arguments on its impact on the national market will be heard beginning Nov. 21, wrapping up by Dec. 2. On Dec. 12, the trial will resume, focusing on local markets.

The decision could come after the first set of arguments.

“My initial reaction is that it's better," Anthem attorney Christopher Curran said to Reuters. "If we're going to lose and we lose quickly, that's better for everyone."

The timeline would be beneficial to Anthem, which wanted a ruling by the end of the year to have time to get approval from state regulators before April 30. If the deal isn’t completed by then, Cigna would be able to back out and collect a $1.85 billion break-up fee from Anthem.

The change in schedule doesn’t affect the DOJ’s separate lawsuit against the Aetna-Humana merger, which had been transferred to a different federal judge. The trial on the Aetna deal is still set to begin Dec. 5.