4/2/2012 12:40 PM
NACDS, NCPA urge state attorneys general to act; Emphasize continued litigation against merger and need for legislation to address PBM issues
National Association of Chain Drug Stores (NACDS) President and CEO Steven C. Anderson, IOM, CAE and National Community Pharmacists Association (NCPA) CEO B. Douglas Hoey, RPh, MBA issued the following statement today regarding the announced conclusion of the Federal Trade Commission (FTC) investigation into the merger of pharmacy benefit managers (PBMs) Express Scripts, Inc. and Medco Health Solutions, Inc.:
“NACDS and NCPA have aggressively fought this merger from day one because of its potential harm to patients and to competition. We are disappointed that the FTC did not act to protect consumers in this instance. It is worth noting that the merger proved controversial within the FTC. We commend Commissioner Julie Brill for her dissenting statement. In the end, two of four commissioners saw the need for remedies, and one of those commissioners wanted to challenge the merger in court.
“NACDS and NCPA will continue to push through the Washington gridlock by advancing the litigation we have filed with nine community pharmacy companies, and we urge state attorneys general to take action to block the merger as well. In fact, NACDS, NCPA and the other plaintiffs will file a motion with the court today, requesting that the judge direct Express Scripts and Medco to keep separate their assets pending review of the lawsuit and/or schedule an expedited review of the merits of our case..."
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3/29/2012 1:00 PM
Legal Action Part of “All-Levels, All Branches of Government” Efforts by Community Pharmacy to Prevent Proposed Mega Merger
In continuing efforts to protect patient care and community pharmacy access, the National Association of Chain Drug Stores (NACDS), the National Community Pharmacists Association (NCPA), and nine retail pharmacy companies today filed a lawsuit against the proposed mega merger of pharmacy benefit manager (PBM) companies Express Scripts Inc. and Medco Health Solutions Inc. The lawsuit was filed in the U.S. District Court for the Western District of Pennsylvania.
Joining NACDS and NCPA as plaintiffs in the lawsuit are nine community pharmacy companies that are headquartered in or have a presence in Pennsylvania. Active participation by community pharmacies – both chains and independents - that serve patients every day further illustrates the anti-consumer, anti-competitive impact of the proposed merger. The following companies are plaintiffs on the complaint: Brighton Pharmacy; Klingensmith Drug Inc.; Kopp Drug, Inc.; Lech’s Pharmacy Group; Means Lauf Super Drug; Hometown Pharmacies; Skippack Pharmacy; Thompson Pharmacy; and Value Drug Company/Value Specialty Pharmacy.
“A merger of Express Scripts and Medco would have dire consequences for patients and the retail community pharmacies that serve them. We continue to make a strong case to the Federal Trade Commission (FTC) and state attorneys general about the negative impact this proposed merger will have on patient access to community pharmacy and the healthcare delivery system,” said NACDS President and CEO Steven C. Anderson, IOM, CAE and NCPA CEO B. Douglas Hoey, RPh, MBA.
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3/16/2012 8:55 AM
Resolution urging Governor to oppose PBM mega-merger reflects state and local concerns alike
Medco Health Solutions’ home-state legislators have delivered a bold and revealing blow to the pharmacy benefit manager’s proposed mega-merger with Express Scripts Inc., and NACDS was quick to praise the New Jersey lawmakers for their action.
In a resolution passed by the New Jersey Assembly on Thursday, the chamber urged Gov. Chris Christie (R) to oppose the controversial deal, citing the same anti-competitive and anti-consumer concerns that have fueled scrutiny or outright opposition by more than half of state attorneys general, more than 70 members of the U.S. Congress, national consumer groups and employers.
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10/5/2011 6:00 PM
"Over two dozen states are scrutinizing Express Scripts' proposed acquisition of Medco Health Solutions," writes Reuters' Diane Bartz. "The states do not have a direct say in the review by the Federal Trade Commission, whose role is to make sure the deal complies with antitrust law. But they will likely add pressure on the FTC to give tough scrutiny to the merger, and could hand the agency evidence that would potentially serve as ammunition to challenge it. The states could also challenge the deal on their own."
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7/21/2011 11:28 AM
Emphasize near-monopoly’s threat to patient care, pharmacy access
National Community Pharmacists Association (NCPA) Executive Vice President and CEO B. Douglas Hoey, RPh, MBA, and National Association of Chain Drug Stores (NACDS) President and CEO Steven C. Anderson, IOM, CAE, issued the following joint statement today regarding the proposed merger of Express Scripts, Inc. and Medco Health Solutions, Inc.:
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