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[email protected] A Closer Look At The Aetna-Humana Merger Loss By Jeff Spigel, Norm Armstrong and John Carroll, King & Spalding LLP Law360, New York (February 6, 2017, 10:58 AM EST) -- The U.S. Department of Justice’s successful challenge to the proposed merger between Aetna and Humana has received substantial attention, and not just from antitrust and health care lawyers. Of course, anytime a $37 billion merger is blocked by the government, there will be headlines. Here, however, the D.C. district court’s decision itself is significant, not just for the way it approached certain health care antitrust issues, but also for its serious criticism of Aetna’s efforts to conceal evidence regarding its reasons for withdrawing from the insurance exchanges. The DOJ’s challenge is also among the final antitrust actions taken under the Obama administration, which aggressively scrutinized health care consolidations, and there is no indication Jeff Spigel that the agencies’ enforcement efforts in this industry will lessen in the new administration. Background Aetna announced its proposed acquisition of Humana on July 2, 2015. Just three weeks later, Anthem announced it had reached an agreement to acquire Cigna for $54 billion. Both mergers received widespread attention, with many analysts predicting hurdles for antitrust approval. Following a nearly year-long investigation, the DOJ and attorneys general of Delaware, Florida, Georgia, Illinois, Iowa, Ohio, Pennsylvania and the District of Columbia filed suit to enjoin Aetna’s acquisition of Humana.