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NACDS, NCPA and Pharmacies File Lawsuit to Stop Proposed Merger of Express Scripts and Medco to Protect Patient Access to Community Pharmacy
Date:3/29/2012

t efforts by community pharmacy to prevent the proposed merger through an 'all-levels, all branches of government' strategy to protect patients and community pharmacy.

"Community pharmacies have aggressively engaged in opposition to the merger – at the executive level through meetings and communications with the FTC and state attorneys general; and at the legislative level by testifying before the House and Senate.  Engaging with the courts is another component in that process," said Anderson and Hoey. 

Since the announcement last summer that Express Scripts and Medco sought to merge their companies, pharmacies have aggressively demonstrated that this one combined entity would create a middleman that will have enormous power to dominate the market in anticompetitive ways.

The merged company would reduce access and service to patients; reduce competition for PBM services, particularly to large plan sponsors; reduce competition for specialty pharmaceutical services; and reduce competition in mail order services, allowing the combined entity to raise mail order prices and drive business to their own mail order pharmacies regardless of patient preference. This combination will control a large share of the supply line for brand and generic prescription drugs, and thereby will have the ability to raise prices for plans and patients, and limit access to pharmacy patient care.

In addition to community pharmacy efforts, seventy-six Members of Congress have written to the FTC raising concerns about the proposed mega merger and what it will mean for their constituents.  More than 30 states attorneys general are also investigating the competitive impact of this merger.  In addition, leading consumer groups have weighed in reinforcing the anti-consumer effects this merger will have on Americans.

"Community pharmacy has unsurpassed value in improving he
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SOURCE National Community Pharmacists Association
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