BCBS Antitrust Litigation and Tentative Settlement – Impact on Group Health Plans


This material was updated on March 22, 2021, to include new information posted on the settlement website. Please refer to the BCBS settlement page and/or materials from the specific BCBS carrier for more information.

Antitrust litigation that commenced against the Blue Cross Blue Shield Association and member companies1 in 2012 appears to be coming to a settlement. In short, plaintiffs alleged that Blue Cross Blue Shield companies across the country entered into agreements not to compete with each other for customers of health insurance. On November 30, 2020, the court preliminarily approved a proposed settlement agreement consisting of: a financial settlement of $2.67 billion; and certain changes to the way the Blues do business (“injunctive relief”).

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