Judge Declines to Stop Express Scripts-Medco Merger

Author: Daniel Weiss, Senior Editor

A federal judge declined to issue a preliminary injunction against the integration of Express Scripts and Medco following their merger earlier this month.

A federal judge has decided not to halt the merger of Express Scripts Inc and Medco Health Solutions for the time being, according to a Reuters report.
 
US District Judge Cathy Bissoon in Pittsburgh rejected a request from plaintiffs in an ongoing lawsuit against the merger that she issue a preliminary injunction that would have forced Express Scripts to stop the process of integrating Medco into its operations. She added that she would decide whether to issue a permanent injunction against the merger only after considering a request from Express Scripts to dismiss the suit outright.
 
The lawsuit against the merger was filed by the National Association of Chain Drug Stores (NACDS), the National Community Pharmacists Association (NCPA), and 9 retail pharmacy companies on March 29, 2012, just 4 days before the merger was completed after being unconditionally approved by the Federal Trade Commission. The plaintiffs argue that the merger will reduce patient access to community pharmacies and reduce competition for a number of services provided by pharmacy benefit managers.
 
In arguments earlier this month, a lawyer for Express Scripts said that the company had spent more than $230 million on integrating Medco and that disrupting the merger process would greatly injure the company.
 
Here is a sampling of our previous coverage of the Express Scripts-Medco merger:
FTC Approves Express Scripts-Medco Merger
Lawsuit Could Delay Express Scripts-Medco Merger
Representatives Make One Final Attempt to Block Express Scripts-Medco Merger
NCPA, NACDS Voice Concerns over Proposed Express Scripts-Medco Merger
Express Script-Medco Merger: The Beginning of the End?
Congressional Concerns Over Express Scripts-Medco Merger Continue to Grow