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Pharmacy groups’ motion for preliminary injunction denied in Medco-Express Scripts case

By  |  April 25, 2012

U.S. District Judge Cathy Bissoon has denied a motion for preliminary injunction raised by retail pharmacy groups challenging Express Scripts’ purchase of Medco Health Solutions. Judge Bissoon found that plaintiffs were unable to show the likelihood of immediate, irreparable harm. The harm that they did allege–displaced management and the exchange of confidential information and trade secrets between Medco and Express Scripts–was found to have already happened because of the two companies’ integration plan of July 2011. Morever, Judge Bissoon found that a temporary injunction would render Medco unable to compete with Express Scripts, as nearly all of Medco’s senior management has already been terminated.

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    Judge Bissoon will consider Express Scripts’ request to dismiss the case before ruling on the pharmacy groups’ motion for permanent injunction.

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