July 12, 2019: State Advocacy Update

| 2 Min Read

Closing arguments in the CVS/Aetna case to be heard July 19

On July 19 the AMA returns to the federal district courthouse in Washington, D.C., to present closing arguments on whether the court should approve the U.S. Department of Justice's (DOJ) antitrust settlement with CVS and Aetna. Tune into a Facebook Live broadcast to get the latest news from outside the courthouse on July 19 at 1:30 p.m. Eastern time ("like" the AMA Facebook page to get notified about the broadcast), and hear from AMA leadership about why the AMA opposes the merger in a video recorded at the AMA Annual Meeting in June.

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The settlement would allow CVS to acquire Aetna subject to some limited divestitures. However, under a federal law known as the Tunney Act, the DOJ antitrust settlement cannot become effective unless a federal district court determines that the settlement is in "the public interest." Usually such determinations are perfunctory. However, the judge in the case has acknowledged the important health care interests at stake. He has shown interest in AMA's concerns and has allowed AMA, the AIDS Healthcare Foundation and two consumer groups to present expert testimony and briefs explaining how the public would be harmed by the settlement. The oral argument on July 19 is expected to last several hours and a decision is expected later this summer.

Last year, the AMA outlined in a 141-page analysis (PDF) why the proposed CVS-Aetna merger would run afoul of federal antitrust law, noting how it would likely harm patients. Learn more about the case and the AMA's concerns here.

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