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On Oct. 18, 2010, the U.S. Department of Justice, acting with the Michigan Attorney General, filed an antitrust suit to enjoin Blue Cross Blue Shield of Michigan (Blue Cross) from including “most favored nation” (MFN) clauses in its contracts with hospitals in Michigan and to have those clauses removed from existing contracts.1 MFNs between insurers and health care providers typically require the health care provider to offer the insurer the lowest cost for services it makes available to any of its other insurers.

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