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Omnicare, Inc., a corporation, In the Matter of

The Commission issued a complaint to block Omnicare, Inc.'s hostile acquisition of rival long-term care pharmacy provider PharMerica Corporation, alleging that the combination of the two largest U.S. long-term care pharmacies would harm competition and enable Omnicare to raise the price of drugs for Medicare Part D consumers and others. In its complaint, the FTC charges that a deal combining Omnicare and PharMerica would significantly increase Omnicare's already substantial bargaining leverage by dramatically increasing the number of skilled nursing facilities, known as SNFs, that receive long-term care pharmacy services from the company. Due to its substantial market share, the FTC alleges that the combined firm likely would be a "must have" for Medicare Part D prescription drug plans, which are responsible for providing subsidized prescription drug benefit coverage for most SNF residents and other Medicare beneficiaries. On 2/23/2012, the FTC dismissed the complaint in light of Omnicare's decision to abandon the proposed transaction.

Type of Action
Administrative
Last Updated
FTC Matter/File Number
111 0239
Docket Number
9352

Rite Aid Corporation and The Jean Coutu Group (PJC), Inc., In the Matter of

The Commission charged that Rite Aid Corporation’s $3.5 billion acquisition of competitors Brooks and Eckerd Pharmacies from the Canadian drug store operator Jean Coutu Group, Inc. was anticompetitive and required the sale of retail pharmacies located in 23 cities along the East Coast. According to the Commission’s complaint, the merger would have substantially reduced competition in the sale of pharmacy services to customers in those areas, where customers view stores operated by the two companies as their two best options. The consent order requires Rite Aid to divest pharmacies in those cities to buyers preapproved by the Commission. The investigation, which included cooperation from the state attorneys general of Maryland, New Jersey, New York, Pennsylvania, Vermont, Virginia, and Maine, was handled by the agency’s Northeast Regional Office.
Type of Action
Administrative
Last Updated
FTC Matter/File Number
0610257
Docket Number
C-4191

Asociacion de Farmacias Region de Arecibo, Inc., and Ricardo L.Alvarez Class, individually and as an officer of Associacion de Farmacias Region de Arecibo, Inc.

A pharmacy association in northern Puerto Rico and Ricardo Alvarez Class settled charges that they engaged in an illegal boycott in an attempt to obtain higher reimbursement rates for pharmacy goods and services under the government's managed care plan for the indigent. The consent order prohibits the members of the association and Mr. Class from engaging in joint negotiations for prices and from threatening to boycott or refusing to provide pharmacy services.

Type of Action
Administrative
Last Updated
FTC Matter/File Number
9810153
Docket Number
C-3855

CVS Corporation, and Revco D.S., Inc.

CVS agreed to settle allegations that its acquisition of Revco would substantially reduce competition for the retail sale of pharmacy services to health insurance companies and other third-party payers in Virginia and in the Binghamton, New York metropolitan area. The consent order requires the divestiture of 114 Revco stores in Virginia and 6 pharmacy counters in Binghamton.

In March, 1998, CVS Corporation agreed to pay a $600,000 civil penalty to settle Federal Trade Commission charges that the company violated a 1997 consent order and asset maintenance agreement it signed with the agency to settle charges stemming from CVS's 1997 acquisition of Revco D.S., Inc.

Type of Action
Administrative
Last Updated
FTC Matter/File Number
971 0060
Docket Number
C-3762

J.C. Penney Company, Inc., and Thrift Drug, Inc., In the Matter of

Separate final consent orders settle charges that the acquisitions of Eckerd Corporation and 190 Rite Aid stores in North and South Carolina would give J.C. Penney a dominant position in four metropolitan areas and increase its ability to raise prices for the sale of pharmacy services to third party payers. The orders require the divestitures of 34 Thrifty drug stores and 127 Rite Aid drug stores.

Type of Action
Administrative
Last Updated
FTC Matter/File Number
971 0017
971 0016
Docket Number
C-3721 and C-3722
Competition Matters

Monitors: Expert eyes and ears in Commission orders

Date
The ability to appoint a monitor is an important tool in building a successful merger remedy. The boilerplate-style language FTC uses in merger orders when appointing a monitor belies the unique and...