Express Scripts Wins Dismissal of Suit Filed by Pharmacy First

Skadden won the complete dismissal with prejudice of federal antitrust claims brought by plaintiff Pharmacy First, a pharmacy services administrative organization (PSAO), against firm client Express Scripts, alleging that it (i) terminated its relationship with Pharmacy First pursuant to unlawful exclusive dealing agreements with four other PSAOs; and (ii) engaged in unlawful tying by purportedly conditioning pharmacies’ ability to access its patient network on the purchase of services from those four PSAOs. In dismissing the claims, Judge Audrey Fleissig of the Eastern District of Missouri held that the plaintiff’s complaint merely alleged “a unilateral determination by Express Scripts to contract with the four PSAOs after a competitive bid process” and failed to adequately allege that Express Scripts required pharmacies to purchase the four PSAOs’ services in order to access its patient network.