The insurers and the DOJ presented final arguments to Judge Bates on Dec. 30. He pressed each party about whether Medicare Advantage should be included in the same market as traditional Medicare. Judge Bates pointed out evidence showing the insurers internally regard Medicare Advantage and traditional Medicare as separate markets, even though they argued both should be treated as a single market.
Judge Bates said “[a]nytime there is an assessment” of the market by the payers, “the market being assessed is Medicare Advantage,” according to Bloomberg.
In its final arguments, the Justice Department maintained its stance the $37 billion acquisition would impede Medicare Advantage competition and ACA exchange plan competition in Florida, Georgia and Missouri. The DOJ also argued Medicare Advantage and traditional Medicare markets should be treated separately, opposing Aetna and Humana’s stance.
Judge Bates did not specify when a ruling would arrive. He is deciding the case without a jury, according to the report.
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