On March 26, Home Depot asked the Supreme Court to review an October decision from the 11th U.S. Circuit Court of Appeals that upheld the settlement agreement, which was first reached in 2020.
As part of the agreement, BCBS companies agreed to drop a BCBS Association rule that requires two-thirds of national net revenues from health plans and related services to come from Blue-branded products.
BCBS members first brought the case in 2012, alleging that BCBS companies conspired to divide up markets to avoid competing with each other, driving up costs for consumers. The settlement also created the opportunity for certain large employers to seek coverage from a second BCBS plan in addition to seeking coverage from the BCBS company located where the employer is headquartered.
In September 2022, Home Depot and other litigants filed a challenge to the settlement agreement, arguing the settlement did not achieve the lawsuit’s original objective, which was to stop BCBS companies from receiving exclusive geographic branding rights.
Home Depot argued the settlement could harm future antitrust enforcement and preclude individuals from bringing cases against BCBS companies in the future.
“That decision deepens a circuit split, fundamentally conflicts with this Court’s precedent, and threatens to undermine antitrust enforcement by allowing private parties in class actions to trade away the remedies Congress enacted to protect future competition for entire markets,” Home Depot’s attorney wrote in the latest petition.
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