Antitrust & Trade Reg.
Oct. 8, 2026
Blue Cross plans must prove trademark rights to avoid strict antitrust test
An Alameda County judge ruled Blue Cross Blue Shield plans must show historical trademark rights tied to hospitals' locations to avoid strict antitrust treatment of their exclusive territories.
An Alameda County judge ruled late Tuesday that whether Blue Cross Blue Shield plans face strict antitrust treatment for dividing the country into exclusive territories will depend on whether they can show their predecessors held trademark rights in those areas before the 1950s.
Judge Somnath Raj Chatterjee's order sets the standards for Cartwright Act claims brought by Verity Health System, Prime Healthcare and Children's Hospital Los Angeles against more than 40 Blue Cro...
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