A Delaware vice chancellor ruled Thursday that Blue Cross Blue Shield Association CEO Scott Serota must testify in an upcoming battle over the collapsed $54 billion merger of Cigna Corp. and Anthem Inc., in a decision that also clarified the court’s reach in compelling trial testimony.
Vice Chancellor J. Travis Laster’s ruling, which had the effect of compelling testimony from a non-resident witness who is not a party in the case, followed a Cigna motion to require Serota’s appearance at the trial, slated to begin Feb. 25.
Cigna argued that Serota could offer important testimony on claims that Anthem — largest of 36 BCBSA companies — failed to use reasonable best efforts to address possible anti-competitive effects of the merger and government antitrust reservations.