Today, the 11th Circuit denied the Blues’ petition to appeal Judge Proctor’s order in the Blue Cross & Blue Shield Antitrust Litigation “which held that certain Sherman Act Section 1 claims were due to be analyzed under the per se rule”. This ruling means that the antitrust claims challenging the agreement by all of the Blue Cross and Blue Shield entities including their Association that they will not compete with each other may now proceed on a per se illegal basis. This ruling is an important positive step for all healthcare providers and subscribers in America. It is our sincere hope that the parties can now engage in a dialogue to increase competition in health insurance and to improve healthcare for all Americans.

Edith Kallas and Joe Whatley, Co-Lead Counsel for Providers in the Blue Cross & Blue Shield Antitrust Litigation.