A Reuters newswire article distributed today continues to rock the proposed merger of Express Scripts and Meco.  The article describes a new letter sent to the Federal Trade Commission (FTC) by the Food Marketing Institute, in which the supermarket trade association asks the commission "to bring an enforcement action to enjoin the merger."  The article also describes mounting opposition to the proposed merger among consumer groups and others, highlights close scrutiny of the deal among state attorneys general, and references potentially growing skepticism about the mega-merger among some within the FTC itself.

"It is notable that no large employer who privately expressed concerns to us wished to testify at today's hearing, often telling us that they feared retaliation from the large PBMs with whom they must do business," stated Chairman Herb Kohl (D-WI) at a hearing of the Senate Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights today.

"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."

A Reuters article describes a letter to the Federal Trade Commission from U.S. Reps. Henry Waxman (D-CA), Frank Pallone (D-NJ) and Diana DeGette (D-CO).