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NACDS

Executive Summary

Reiterates its opposition to the Nov. 3 Federal Trade Commission consent order on the Lilly/PCS merger at a press conference in New York City Dec. 8. The Lilly/PCS order requires that access to other manufacturers' non-public pricing data be protected by a "firewall" and that PCS customers be offered the choice of an open formulary. The National Association of Chain Drug Stores claims that the firewall "will not keep manufacturers from engaging in potentially collusive activities" and that "PCS could price the open formulary to be more costly than its own formulary, thus unfairly enhancing its market share of its own products that would likely be carried on the PCS closed formulary." NACDS also objected to the five-year duration of the consent decree: "the order is inconsistent with the normal 10-year period applied by the FTC," the association said. Citizen Action, Public Citizen's Litigation and Health Research Groups, the National Council on the Aging and the Attorney General of Minnesota joined NACDS at the press conference
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