Express Scripts Says Delay Of Merger Suit Is Inexcusable

Law360, New York (April 9, 2012, 4:45 PM EDT) -- Express Scripts Inc. and Medco Health Solutions on Friday sought dismissal of an antitrust suit brought by a coalition of trade groups and retail pharmacies seeking to block the companies’ $29.1 billion merger, saying the delay in filing the suit until after the merger was completed is inexcusable.

Express Scripts maintains that because the merger has already been consummated, the suit brought by the National Association of Chain Drug Stores, the National Community Pharmacists Association and nine retail pharmacy companies can only seek a permanent order...
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