Sun Sentinel Palm Beach Edition

Two giant health care firm mergers die on the table

- By Carolyn Y. Johnson

Health insurer Cigna announced Tuesday that it will unilateral­ly terminate its $54 billion merger agreement with Anthem after the deal was rejected by a federal judge. The news came shortly after insurance giants Aetna and Humana announced a mutual decision to abandon their $37 billion merger agreement.

An Anthem spokeswoma­n said the company is still committed to closing its deal with Cigna, signaling the breakup could be messy. In a press release, Cigna announced it had filed a lawsuit in Delaware Chancery Court against Anthem seeking a judgment that the merger agreement had been terminated lawfully and seeking a $1.85 billion terminatio­n fee, along with an additional $13 billion in damages.

“These additional damages include the amount of premium that Cigna shareholde­rs did not realize as a result of the failed merger process,” the company said. “The company believes strongly in the merits of its case and hopes that this matter is rapidly resolved.”

Anthem spokeswoma­n Jill Becher said that Cigna’s action was invalid and said the company “does not have a right to terminate the agreement.”

“Anthem will continue to enforce its rights under the merger agreement,” Becher wrote.

The dissolutio­n of the Aetna-Humana deal is proceeding more smoothly. Last month, a federal judge upheld the Justice Department’s decision to block that deal. Aetna will pay Humana a $1 billion breakup fee, the companies said, which will amount to about $630 million after taxes.

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