Blue Cross Blue Shield wants Aetna antitrust lawsuit dismissed

Blue Cross Blue Shield of Michigan has asked a federal court judge in Detroit to dismiss a lawsuit by rival insurer Aetna that challenged hospital contracts that give the Blues big discounts at the expense of its competitors.

The Blues charged in a statement released today that Aetna “is using the courts to disrupt the competitive advantage of a state-based health plan rather than making the types of investments in Michigan that are necessary to compete effectively.”

“The law is clear that a company may not use antitrust laws to sue a competitor merely for vigorous or intensified competition,” said Jeff Rumley, general counsel and vice president at the Blues.

Aetna spokesman Scot Roskelley said the company sued because “there is strong evidence” that the Blues is “in violation of antitrust law." The Aetna suit charges that the Blues’ strategy hurt its efforts to build its market in Michigan and caused Aetna to pull out of the market selling insurance to Michigan small businesses by early 2012.

The Blues said hospital discounts it has negotiated saved its Michigan customers $13 million in 2009 alone.