A federal trial court in Pennsylvania June 28 dismissed with prejudice a lawsuit in which retail pharmacies challenged the merger of two pharmacy benefit managers (Nat’l Community Pharmacists Ass’n v. Express Scripts Inc., W.D. Pa., 2:12-cv-00395-CB, 6/28/13).
The pharmacies failed to allege an injury in fact stemming from the defendants’ merger, which allegedly gave them monopsony power in the market for retail community pharmacy services, according to the U.S. District Court for the Western District of Pennsylvania.
Challenged Conduct.
In 2011, two pharmacy benefit management (PBM) companies—Express Scripts, Inc. (ESI) and Medco Health Solutions, Inc.—announced a planned merger. ...
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