The Federal Trade Commission has closed its eight-month investigation of Medco by Express Scripts. The FTC found that “the merging parties are not particularly close competitors, the market today is not conducive to coordinated interaction, and there is little risk fo the merged company exercising monopsony power.” The vote to close the investigation was 3-1. Commissioner Julie Brill was the lone dissenter, as she described the deal as “a merger to duopoly.”
Full content: FTC Press Release
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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