Tag: Aetna

BULLETIN: DOJ SUES TO HALT BLOCKBUSTER HUMANA-AETNA AND ANTHEM-CIGNA MERGERS; VOWS TO FIGHT, BUT STUNNING MOVE CASTS SHADOW OVER COMPANY AND CITY

In a pair of widely anticipated lawsuits, the Department of Justice said the two multi-billion dollar mergers would reduce competition, raise prices for consumers and stifle innovation if the number of large, national insurers were to fall from five to three, according to Reuters and multiple other news outlets. Latest news developments at 4:19 p.m.

Loretta Lynch
Lynch

“We will not hesitate to intervene. We will not shy away from complex cases,” U.S. Attorney General Loretta Lynch told a news conference today. “We will protect the interests of the American people.”

Although the DOJ had signaled its opposition a week ago, today’s suits were still a stunning turn of events for Humana, which announced its planned $37 billion tie-up with Aetna of Hartford a year ago. The agency’s move immediately threw into doubt the future of the Fortune 500 company, founded in 1961 by attorneys and Kentucky natives David A. Jones and Wendell Cherry with a single nursing home. With 12,500 workers in Louisville alone, it’s one of the city’s biggest private employers.

The DOJ’s move was the latest example of the Obama administration challenging massive combinations in major industries, from oilfield services to telecommunications, according to Reuters. “We have no doubt that these mergers would reduce competition from what it is today,” said Principal Deputy Associate Attorney General William Baer, who spearheaded the antitrust reviews.

Humana shares roared 8% higher, closing at $171.53 a share, up $13.12, after the news broke shortly before noon. That gain may be due to the insurer’s raising full-year earnings guidance. In a press release amid the DOJ news, Humana said the higher guidance is primarily the result of better-than-anticipated year-to-date performance for its individual Medicare Advantage and Healthcare Services businesses, partially offset by continued challenges in the individual commercial medical business. Humana also said it plans to exit eight of 19 state Obamacare health care exchanges.

The stock’s rise may also reflect Wall Street’s preference for certainty over doubt. With the DOJ’s suit, stockholders now know what may be the worst. More than 10 million shares changed hands by the close of trading at 4 p.m. ET, nearly four times average volume.

Aetna’s stock rose a slimmer 1.6%, closing at $118.30. Unlike Humana’s, Aetna’s shares hadn’t been beaten down as much in the week since the DOJ’s opposition became clear last Thursday and Friday.

Will ‘vigorously defend’ plan

In the Humana-Aetna case, the government focused on the companies’ offering for Medicare Advantage and their ability to compete on public exchanges that were set up by the Affordable Care Act, according to The New York Times.

Humana logoHumana and Aetna said they would “vigorously defend” their pending merger. The Hartford company said previously that it would challenge a DOJ decision to block the merger, the Times said. Cigna said it was evaluating its options but did not expect the transaction to close anytime soon, “if at all.”

Mark Bertolini
Bertolini

Aetna CEO Mark Bertolini said the company has proposed divesting enough assets to ensure competition in markets where it overlaps with Humana.

“If we can’t come to a negotiation on what markets to divest, although we have two very complete remedies in front of the Department of Justice now, I think I’m willing to let a judge decide,” Bertolini told business news channel CNBC, according to Reuters. “We’ll go all the way we need to make this happen.”

At least two states joined the DOJ suits. Illinois moved against Humana-Aetna, according to the Chicago Tribune, and Tennessee against Anthem-Cigna, said the Knoxville News-Sentinel.

Frank Morgan and his team at RBC Capital Markets looked at a review by international law firm Arnold & Porter of the more than 1,600 proposed mergers in 2015, of which the FTC and DOJ collectively brought formal actions in 34 cases, according to Barron’s.

“Of these, the vast majority (23 or 68%) were resolved by consent decree,” the RBC team found.

Would create a colossus

But for Humana-Aetna to reach such a settlement, they might need to so fundamentally alter the deal’s terms that it no longer makes business sense.

Humana building
Humana Tower.

If it can be salvaged, it would create an insurance colossus, with a combined $114 billion in annual revenue, up to 60 million members, and 110,000 employees. Humana has more than 21.3 million members and does business in all 50 states. It has approximately 50,000 employees, including those nearly 13,000 in Louisville housed in the company’s iconic skyscraper on Main Street downtown. Last year’s Humana revenues were $54 billion.

Anthem and Cigna announced their proposed $48 billion merger on July 24, three weeks after Aetna and Humana announced their own deal.

BF starts distribution system in Spain; GE Appliances owner Haier dragged into GOP China politics; and Tenn. man arrested over 20 lbs. of marijuana allegedly shipped via UPS

A news summary focused on 10 big employers; updated 4:55 p.m.

BROWN-FORMAN announced this morning that it’s launching its own distribution network in Spain, Europe’s third-largest whiskey market and the world’s ninth-biggest overall. The Louisville spirits giant will add about 40 employees in the expansion. The current distributor is Importaciones y Exportaciones Varma S.A. under a contract that will end June 30, 2017. “Establishing our own distribution organization in Spain will support the development of the Jack Daniel’s trademark as well as our broader portfolio in this dynamic market where premium spirits are growing,” said Thomas Hinrichs, president of Brown-Forman’s Europe and Asia markets.

Spain will join Australia, Brazil, Canada, China, the Czech Republic, France, Germany, Hong Kong, Mexico, Poland, South Korea, Thailand, Turkey, and the U.K. as markets where Brown-Forman owns or directly manages its own distribution. (press release). The company employs 1,300 workers in Louisville and another 3,300 across the U.S. and around the globe.

Trump and Pence
Trump and Pence

GE: Haier Group has been drawn into the bitterly contested Republican race for the White House, less than two months after the Chinese company completed its $5.6 billion purchase of GE Appliances. The conservative Federalist website says Indiana Gov. Mike Pence’s past support of Haier’s research and development center in Evansville, Ind., is an example of the politician’s helping China “steal” U.S. jobs. Although Donald Trump has run on a campaign attacking U.S.-China trade, the website implies his selection of  Pence as running mate casts doubt on the GOP nominees’ anti-China bonafides (Federalist). In the past, the site has sparked stories in more mainstream media, including Politico and The Daily Beast.

Haier Pence
Indiana Gov. Mike Pence, second from right, and Haier Group President Liang Haishan, far right, at the Evansville ribbon-cutting.

A year ago, Pence joined Haier executives at a ribbon-cutting ceremony for the Evansville center. The pro-trade America China Society of Indiana quoted Pence saying at the time: “When I met with Haier executives in China this spring, I was invigorated by the company’s plans to accelerate technology development in Indiana. In addition to our strong workforce and pro-growth business climate, Indiana has quickly become a center for innovation, making the Hoosier State the natural choice for this facility as Haier continues to increase its presence in the United States” (America China Society). GE Appliances employs 6,000 workers at Appliance Park in Louisville’s south end.

UPS: In Spring City, Tenn., a man was arrested and charged with drug trafficking after Rhea County Sheriff’s deputies caught him with 20 lbs. of marijuana he allegedly received via UPS from California. Sheriff’s investigator Charlie Jenkins said the man, George Robert Luttenberger Jr., told him he’d been getting pot from California since 2012 (Herald-News). In Brooklyn, a federal judge allowed the Equal Employment Opportunity Commission to proceed with a lawsuit accusing UPS of discriminating against male workers and job applicants who wore beards or long hair for religious reasons (Reuters).

PAPA JOHN’S fired a Denver employee who used a racial slur on a customer’s order slip and apologized to the teenager who placed the pizza order. “This action is inexcusable and doesn’t reflect our company values,” company spokesman Peter Collins told the Denver Post.

This was the second instance in less than a month where a Papa John’s employee was fired over an apparently racist order slip circulated on Twitter; the first one involved an Asian-American customer’s order at a Louisville restaurant near the end of June.

The Denver area restaurant is owned by Peyton Manning, the retired Denver Broncos quarterback who’s promoted Papa John’s in TV commercials. The teenager’s mother saw the order ticket and asked a community activist named Brother Jeff Fard for help (Denver Post). Yesterday, Fard sent a Tweet that included a possibly NSFW photo of the racial slur: Continue reading “BF starts distribution system in Spain; GE Appliances owner Haier dragged into GOP China politics; and Tenn. man arrested over 20 lbs. of marijuana allegedly shipped via UPS”

Humana, Aetna reportedly still talking with DOJ to overcome deal opposition; Papa John’s sued over IT exec it poached from Panera Bread

A news summary focused on 10 big employers; updated 5:59 p.m.

HUMANA and Aetna remained in discussions with the Department of Justice today, trying to convince antitrust regulators their $37 billion merger will be good for seniors in the Medicare Advantage market, CNBC is now reporting.

Humana logoBut the two insurance giants are prepared to fight in court if their deal is blocked, a move DOJ antitrust regulators could take within just days, according to the business news cable channel, which is citing people familiar with the discussions who spoke on condition of anonymity because of the sensitive nature of the negotiations. “The insurers have offered up divestitures and secured buyers,” according to CNBC, “with contracts ready to be signed, for assets in local markets where their coverage overlaps, according to one source. But so far, the DOJ has not been convinced by the offer” (CNBC).

Aetna logoReflecting renewed investor optimism, Humana shares climbed 3% today, closing at $158.41 a share, up $4.77; shares had fallen 10% yesterday on initial reports the DOJ was moving to block the deal. Aetna’s stock rose 1.2%, to $116.49 (Google Finance).

To secure shareholder approval of the deal, Humana’s proxy solicitor, D.F. King & Co., made more than 40,000 phone calls to individual investors last fall (Wall Street Journal).

PAPA JOHN’S: Panera Bread Co. has filed a lawsuit claiming a former technology executive who left to work for Papa John’s took trade secrets with him. The suit filed yesterday in U.S. District Court in St. Louis against Papa John’s and the executive, Michael Nettles, says he worked four years as a vice president in Panera’s IT department, with access to highly sensitive trade secrets, and that his move to Papa John’s violates a confidentiality and non-compete agreement. Nettles joined Papa John’s on Monday. Panera is based in suburban St. Louis (Post-Dispatch).

Analysts: Papa John’s outlook brighter amid civil unrest; Humana stock edges up after DOJ shocker; and Louisville’s big on $1,500 apartments

A news summary focused on 10 big employers; updated 10:39 a.m.

Papa John's vs. S&P July 20
Papa John’s stock, in blue, has zoomed ahead of the S&P 500 index over the past three months, when civil unrest has been in the news.

PAPA JOHN’S stock jumped 3.7% to $71.69 a share in the first hour of trading, after Wall Street analysts upgraded the Louisville pizza chain on the surprising view that diners, concerned about political and civil unrest, are choosing to stay home for pizza delivery rather than go out for a meal. “After speaking with several large operators and industry contacts,” KeyBanc Capital Markets analysts said yesterday, “we believe the recent decline in casual dining restaurant segment fundamentals — traffic down 3% to 5% the past several weeks — may be the result of consumers eating more at home amid the current political/social backdrop, which we believe could last through the November election.” The company’s stock has jumped 22% in the last three months vs. a much smaller 3% gain in the broader S&P 500 index (MarketWatch and Google Finance). Louisville-based Papa John’s employs 750 workers at its headquarters, and another 21,000 across the globe. More about the company.

HUMANA‘s stock rose 74 cents to $154.12 a share a day after word surfaced the Justice Department was poised to block the Louisville insurer’s $37 billion acquisition by Aetna of Hartford. Aetna climbed 74 cents to $115.84. Yesterday, Humana tumbled 4%, and Aetna fell 2.7% (Google Finance). Humana employs 12,500 workers in its Louisville corporate hometown.

KFC: In New Zealand, franchisee Restaurant Brands hasn’t ruled out home delivery of KFC now that McDonald’s has started offering the service. But CEO Russel Creedy said KFC had tried home delivery before and found customers preferred drive-throughs rather than waiting for their chicken to be brought to their front door. Creedy’s franchise already has experience with delivery through its Pizza Hut restaurants (New Zealand Herald).

FORD‘s Flat Rock Assembly Plant south of Detroit — where the popular Mustang and Fusion are built –- caught fire around 7 last night and forced a partial evacuation of the sprawling 400-acre complex that employs 3,200 workers. No injuries were reported (Detroit Free Press). In Louisville, Ford employs nearly 10,000 workers at two vehicle and truck assembly factories.

Amazon logoAMAZON is signing up amateur drivers in the U.K. to deliver packages in their spare time from distribution centers to customers’ homes, expanding a system it started last year in its corporate hometown of Seattle. Starting this month in Birmingham, a smartphone app will allow the company’s part-time mules to choose when and where they want to work, as well as guiding them to customers’ homes and allowing customers to track their orders (Financial Times).

PIZZA HUT: With the Aug. 5 start of the Summer Olympics closing in, Pizza Hut has launched its patriot-themed Big Flavor Dipper in a red-white-and-blue box emblazoned with “Go USA!”

In other news, Louisville ranked No. 6 among 30 U.S. cities offering the biggest apartments renting for $1,500 a month, according to a new Rent Cafe report. The top 10:

  1. Memphis: 1,948 square feet
  2. Oklahoma City: 1,786
  3. Indianapolis: 1,724
  4. El Paso: 1,667
  5. Columbus, Ohio: 1,667
  6. Louisville: 1,648
  7. Jacksonville, Fla.: 1,579
  8. Las Vegas: 1,546
  9. Phoenix: 1,415
  10. Fort Worth: 1,389

In contrast, New York City had the smallest apartments, at 271 square feet (MarketWatch and Rent Cafe).

DOJ REPORTEDLY SET TO BLOCK $37B HUMANA-AETNA MERGER; OPPOSITION COULD BE DEAL’S DEATH KNELL; HUMANA STOCK DIVES 4%; ANTHEM-CIGNA ALSO SAID IN DOUBT

Humana vs. Aetna July 19
The downside risk of a failed deal is greater for Humana than for Aetna, as reflected in this Google Finance chart showing the path of their stocks since opposition first surfaced; Humana is in blue, Aetna in red.

The Justice Department’s final decision on whether to sue to block Aetna’s $37 billion acquisition of Louisville-based Humana could come this week or next, Bloomberg News and other media outlets are now reporting; latest news developments at 4:50 p.m.

The DOJ’s move would represent strong government pushback against consolidation in the health-insurance industry, according to The Wall Street Journal.

Humana building
Humana headquarters.

The companies could settle a lawsuit before or after one is filed in order to save the deal, according to Bloomberg, perhaps by shedding even more assets than they’ve already offered.

Hartford-based Aetna and Humana will probably fight any lawsuit in court, while Anthem and Cigna are less likely to litigate against the government, Ana Gupte, an analyst at Leerink Partners, told Bloomberg.

The DOJ’s antitrust division is also preparing a suit to block a similar merger between Anthem and Cigna.

Shares of Humana and Aetna fell sharply on the news. At the close of trading, Humana tumbled 3.9%, or $6.26, to $153.38. Aetna fell 2.7%, or $3.21, to $115.15. Earlier in the day, Humana traded as low as $150 — lowest since it hit $148 in February 2015, according to Google Finance.

An Aetna spokesman told The Wall Street Journal it “doesn’t comment on rumors and speculation, but we are steadfast in our belief that this deal is good for consumers and the health-care system as a whole.” Humana spokesman Tom Noland did not immediately respond to a Courier-Journal request for comment.

Justice Department officials are concerned the deals, which would transform the health-insurance industry by turning its five biggest companies into three, would harm customers, according to several people familiar with the situation cited by Bloomberg. “While the companies may offer to sell assets to gain approval for the deals, that’s unlikely to sway antitrust officials, one of the people said,” according to the news service.

Hints of trouble ahead

The DOJ’s opposition isn’t entirely surprising. Less than two weeks ago, Continue reading “DOJ REPORTEDLY SET TO BLOCK $37B HUMANA-AETNA MERGER; OPPOSITION COULD BE DEAL’S DEATH KNELL; HUMANA STOCK DIVES 4%; ANTHEM-CIGNA ALSO SAID IN DOUBT”

Ford shuffles top execs in Europe and South America, adds CFO to new mobility unit; Humana-Aetna said ready to shed 350,000 members to win DOJ antitrust clearance

A news summary focused on 10 big employers; updated 2:12 p.m.

Neil Schloss
Schloss

FORD today shifted senior leadership in Europe and South America, and promoted an executive to the nascent Ford Smart Mobility LLC subsidiary. The changes come as the European market has been further challenged by Britain’s decision this month to leave the E.U., at a time when the economy is already threatened by a possible recession.

Neil Schloss, 57, was named CFO at the mobility unit, in addition to his current position as Ford vice president and treasurer.

Barb Samardzich
Samardzich

The leadership changes started with the retirement of one of the automaker’s more senior female executives, Barb Samardzich, 57, vice president and COO of Ford of Europe, effective Oct. 1. The company said her retirement is voluntary.

Her retirement spurred a cascade of other changes:

Samardzich, during her 26-year Ford career, was responsible for the design, engineering and development of several key Ford and Lincoln vehicles, including the 2005 model Mustang.

Ford announced the mobility subsidiary in March amid growing competition with other automakers and Silicon Valley in development of driverless cars and other technology innovations that are challenging Detroit’s primacy in the auto world. Underscoring its importance, Ford said Jim Hackett, former Steelcase vice chairman and CEO, was leaving the company’s board of directors to chair the new subsidiary.

Separately today, Ford also highlighted the towing capacity of its 2017 F-Series Super Duty trucks, starting with high-strength, military-grade, aluminum alloy and high-strength steel that helps cut weight by up to 350 pounds.

The F-450 Super Duty SuperCrew 4×4 now features a maximum gooseneck tow rating of 32,500 lbs., 1,290 lbs. more than its nearest competitor, a regular cab two-door pickup. Maximum fifth-wheel towing has been boosted to 27,500 lbs., 2,500 lbs. better than the nearest competitor (press release). In Louisville, the Kentucky Truck Plant employs about 5,100 workers, producing F-250 and F-550 Super Duty pickups, plus Expeditions, and Lincoln Navigators.

HUMANA and proposed acquirer Aetna have reportedly offered to divest regional plans covering roughly 350,000 members, and have received bids from smaller Medicare rivals WellCare Health and Centene, as the two insurance giants scramble to win Department of Justice approval for their $37 billion tie-up.

Analysts say the DOJ’s antitrust unit may not see the sales alone as enough to maintain competition. “The question is not can you find a buyer for the plans,” said FBR Capital Markets analyst Steven Harper, “but will the government approve the buyer?” (CNBC).

The 350,000 members Humana and Aetna are reportedly willing to shed are a tiny fraction of the 60 million members the two would have if their deal went through. But its prospects grew more uncertain when word leaked July 7 that the DOJ had called in executives at both companies to explain why it wouldn’t be anticompetitive.

Humana, started in Louisville in 1961, has more than 21.3 million members and does business in all 50 states. It has approximately 50,000 employees, including about 12,500 in Louisville. Last year’s revenues were $54 billion.

UPS said it announce second-quarter results July 29 at about 7:45 a.m. ET, followed by a conference call at 8:30 with CEO David Abney, CFO Richard Peretz and Wall Street analysts. The call will be open to the public on a listen-only basis, via a live webcast (press release).

Fresh ThymeIn other news, a Fresh Thyme Farmers Market — the city’s second — will be an anchor tenant in the planned Bardstown Pavilion commercial center in Fern Creek, a $35 million-$40 million project under review by metro planners (Courier-Journal). Fresh Thyme opened its first store in April on Shelbyville Road in St. Matthews in a former Liquor Barn store. The Fern Creek outlet would be one of 60 stores the Chicago-based chain plans by 2019.

In NuLu, construction on the proposed $37 million AC Hotel at the corner of Shelby and Market streets could start in October or November of this year (Insider Louisville).