When your best account is someone else's best prospect, differentiation is essential. Custom intelligence on each account or decision-maker can make the difference. Should CVS consider acquiring a health plan? If yes, then which one? Evolving industry competitive dynamics between health insurance companies and pharmacy benefit managers PBMs , suggest that CVS may benefit significantly through this strategy.
Theoretically, the job of PBMs is to negotiate drug prices with manufacturers and pass on the savings to health insurance companies and patients, keeping a return for themselves. At the hearing, he required CVS and Aetna to keep many of their operations separate while he reviewed the transaction, and criticized the Department of Justice for being dismissive of the Court's rule.
Consumer groups submitted comments opposing the merger. On February 13th, , the Department of Justice posted a response to comments from concerned groups. DOJ dismissed their concerns and claimed that the merger would not harm competition or consumers. On June 21, , Consumer Action and U. PIRG filed another brief opposing the proposed final judgment and arguing that it will not protect consumers or restore competition in the affected markets.
On July 12th, , Consumer Action and U. On September 4, , Judge Leon approved the merger. The PFJ needs to be as thorough as possible to prevent post-merger harm.
We believe it falls far short of what is needed to effectively preserve competition and prevent consumer harm. The DOJ is taking a significant risk when it accepts remedies to resolve competition concerns posed by mergers and the Court must be confident that the proposed remedies are actually sufficient to prevent these harms from occurring.
The remedies must ensure that healthcare markets remain competitive. History suggests that restoring competition is especially difficult in the health insurance industry.
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