Express Scripts has asked U.S. District Judge Cathy Bissoon to dismiss a lawsuit seeking to block its acquisition of Medco. The lawsuit was brought by pharmacy trade groups before the FTC had approved the deal on April 2. Plaintiffs include the National Association of Chain Drug Stores, the National Community Pharmacists Association, and nine retail pharmacy companies. After FTC approval, the pharmacy groups filed an emergency request to hold separate Medco’s assets and operations. Express Scripts and Medco argue that the plaintiffs had inexcusably delayed filing a lawsuit.
Full content: Bloomberg
Related content: New Horizontal Merger Guidelines Indicate Greater Scrutiny of High Tech and Pharmaceutical Transactions (Janet McDavid & Eric Stock, Hogan Lovells)
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