INTRODUCTION

     Competitive markets benefit all consumers by maintaining lower prices, promoting innovation, and developing efficiencies. Amici Curiae Consumer Federation of America, National Consumers League, the National Legislative Association on Prescription Drug Prices, and U. S. PIRG (collectively, the "Amici") are leading advocates for competitive markets, especially in the health care enviroment. Amici are concerned with the abusive, ant-consumer conduct of pharmacy benefit managers ("PBMs"), especially Express Scripts, Inc. ("Express Scripts") and Medco Health Solutions, Inc. ("Medco"), and respectfully submit this brief in support of Plantiffs' case to enjoin the merger between Express Scripts and Medco because this transaction raises crucial issues concerning the protection of prescription drug costs and the preservation of consumer choice and access. The substantial lessening of competition alleged in the Platiffs' complaint potentially harms millions of consumers, and for this reasons the merger should be enjoined.

Amicus Curiae - Brief April 18, 2012 (528 KB PDF)