In 2014, Judge Proctor denied the Defendant Blues motions to dismiss, and the case proceeded into discovery against more than thirty defendants. In October 2015, the Court held that in order to streamline the action as a whole, the case against Blue Cross Blue Shield of Alabama and Blue Cross Blue Shield Association would proceed on an accelerated basis. Discovery for the accelerated actions closed in December 2017.
In 2017, Plaintiffs moved for a summary judgment finding that agreements between the Blues to allocate territories should be accorded per se treatment under the Sherman Act. Plaintiffs also moved for a finding that Blue Cross Blue Shield Association rules that limit unbranded competition between the Blues should similarly be treated under a per se standard. These motions were based on extensive documentary evidence in which the Blues readily admit the anticompetitive nature of their rules. On April 5, 2018, the Court granted Plaintiffs' motion and found that the challenged restraints are subject to per se review under the Sherman Act.
