Law360 (March 24, 2023, 10:26 PM EDT) — Dozens of Blue Cross Blue Shield units are essentially withdrawing their motion to dismiss most or all of an antitrust suit accusing the insurers of curbing competition by divvying the country up between them, saying they realize the motion is likely to be denied after their arguments failed in other cases.

Bed Bath & Beyond and the other companies that are suing the various BCBS units agreed that both sides would consider the motion denied and wouldn’t engage in any further briefing on the matter, though the arguments wouldn’t be considered waived, according to the joint stipulation the parties filed Thursday in Alabama federal court.
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