The Consumer Federation of America, National Consumers League, National Legislative Association on Prescription Drug Prices and U.S. PIRG filed an amicus brief to urge the court to stop the merger of Express Scripts and Medco pharmacy benefit manager (PBM) companies. 

The brief cites that the merger will harm consumers through increased costs and reduced choice and access to retail community pharmacies, as well as access challenges for vulnerable patients who rely on specialty pharmacy drugs.  

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.