WHATLEY KALLAS, LLP REPRESENTS AMERICAN MEDICAL ASSOCIATION AT EVIDENTIARY HEARING ON CVS-AETNA MERGER

Whatley Kallas, LLP’s Henry Quillen will represent the American Medical Association at the evidentiary hearings on the CVS-Aetna merger to be held beginning June 4, 2019 before Judge Richard J. Leon of the United States District Court for the District of Columbia.  Judge Leon has scheduled the hearings in connection with the required Tunney Act review of the settlement terms CVS and Aetna reached with the Department of Justice allowing the merger to proceed.        

At the hearing, the AMA will present the testimony of Professor Neeraj Sood in support of its position that the merger will harm competition in the market for Medicare Part D prescription drug plans, and that the proposed divestiture of Aetna’s Medicare Part D plans will not restore competition.  Under the Tunney Act, the Court is required to determine if the divestiture will remedy the problems identified by the Department of Justice.  This week’s hearings are unprecedented insofar as they mark the first time that a federal court has held evidentiary hearings in a Tunney Act review.

Whatley Kallas had earlier filed an amicus brief on behalf of the AMA, which opposed the entry of a proposed final judgment allowing CVS and Aetna to complete their merger.  The amicus brief is linked here.