In the class action, called In re: Blue Cross Blue Shield Antitrust Litigation, the Plaintiffs (see FAQ 3) claim that the Settling Defendants violated antitrust laws by illegally dividing the United States into "Service Areas" and agreeing not to compete in those areas. They also claim that the Settling Defendants fixed prices for services provided. The class action is pending in the United States District Court for the Northern District of Alabama, Southern Division. U.S. District Judge R. David Proctor is overseeing it.
The Court did not decide in favor of the Plaintiffs or Settling Defendants. Instead, both sides have agreed to the Settlement. Both sides want to avoid the risk and cost of further litigation. The Plaintiffs and their attorneys think the Settlement is best for the Settlement Classes.
The Plaintiffs – the Provider Class Representatives – are the group of providers and facilities listed in Paragraph ttt of the Settlement Agreement, available here. The Settling Defendants are all Settling Individual Blue Plans (Primary Licensees, including Controlled Affiliate Licensees) and the Blue Cross Blue Shield Association (“BCBSA”), collectively. “Parties” means the collective of all Provider Class Representatives, all Settlement Class Members, BCBSA,and all Settling Individual Blue Plans.