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Judge rejects Oscar’s request for injunction against Florida Blue in spat over broker agreements

February 08, 2019 / Paige Minemyer

Florida judge has rejected Oscar Health’s request for an injunction that would block Florida Blue from reaching exclusive agreements with insurance brokers. Oscar filed suit against Blue Cross Blue Shield of Florida in November, alleging that the insurer engaged in anticompetitive practices by monopolizing these brokers and preventing Oscar from growing its exchange business in the state. Its injunction request followed shortly thereafter. However, in the ruling (PDF), Paul Byron, a judge for the Middle District of Florida, said that Oscar failed to prove that actions taken by Florida Blue caused “irreparable harm” to its business. “The Court is unpersuaded by Oscar’s argument that Florida Blue’s exclusivity policy is responsible for the market share obtained in Orlando in the first year of competition,” Byron wrote.