Merck & Co., Inc., and Merck-Medco Managed Care, L.L.C

Last Updated:
In the Matter ofMerck & Co., Inc., and Merck-Medco Managed Care, L.L.C.
FTC Matter/File Number:

9510097

Docket Number:

C-3853

Enforcement Type:

Part 2 Consents

Case Summary

The complaint, issued with the consent order, alleged that as a result of Merck's 1993 acquisition of Medco, the nation's largest benefits manager, Merck's drugs received favorable treatment through Medco's drug-list formulary made available to medical professionals who prescribe and dispense prescriptions to health plan beneficiaries. The consent order requires Medco, among other things, to maintain an "open formulary" to include drugs approved by an independent Pharmacy and Therapeutics Committee, staffed by physicians and pharmacologists who have no financial interest in Merck.