The judge who will decide on the merits of the Justice Department’s antitrust lawsuit against Anthem and Cigna’s deal is considering hearing the case in two phases: One examining how the deal would impact competition in national markets, and another probing how it would affect local markets.
Judge Amy Berman Jackson said Friday that if she hears the case in two phases, she could arrive at a final decision after the first set of arguments, Reuters reported.
Anthem’s lead attorney for the case, Christopher Curran, said the move offered benefits. “If we’re going to lose and we lose quickly, that’s better for everyone,” Curran said at Friday's hearing.
Further, Cigna’s lawyer requested permission to object to questions from Anthem during the trial, a manifestation of strained relations between Anthem and Cigna.
Berman said that while this is not prohibited, she finds it “highly extraordinary," Reuters notes.
In August, the court granted the insurers' requests for the Anthem-Cigna deal to be tried separately from the Aetna-Humana deal.
Jackson, who was nominated to the bench by President Barack Obama, is thought to be a less favorable draw than Judge John Bates, who will hear the Aetna-Humana case, FierceHealthPayer has reported.
Last week at the CAPG Colloquium in the District of Columbia, Cigna CEO David Cordani hinted at the challenges facing the Anthem-Cigna deal, saying its complexity is “through the roof.” Meanwhile, the DOJ has requested access to internal documents in which it says Anthem and Cigna accused one another of violating terms of the merger agreement.