Aetna's ACA Vendetta Gets Called Out In Merger Ruling

A federal judge's decision to block Aetna Inc.'s $37 billion deal to buy rival insurer Humana Inc. also found that Aetna planned to withdraw from Affordable Care Act marketplaces in 17 counties to avoid antitrust review. Attorney David Kully, a former head of the litigation section within the U.S. Department of Justice's Antitrust Division, weighed in on the matter.

"It is a little surprising that the court took a very fair and evenhanded look at what Aetna was likely to do in all of the 17 complaint counties in the future," said Mr. Kully. "This would seem to be exactly the analysis the court would likely have engaged in even if it had not found that Aetna withdrew for litigation reasons and even if there was no malfeasance in attempting to conceal its documents."

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