Antitrust Claims Dismissed Against Express Scripts

Skadden represented Express Scripts, Inc. in the dismissal of antitrust claims brought by pharmacies and industry associations in connection with the company’s $29.1 billion merger with Medco Health Solutions, Inc., alleging the merger would have a detrimental economic impact on retail pharmacies and employers providing prescription drug coverage. On August 27, Judge Cathy Bissoon of the U.S. District Court for the Western District of Pennsylvania dismissed nearly all of the claims against Express Scripts, only allowing those from specialty medicine providers to stand.