Judicial analyst: Breaking up CVS-Aetna would be ‘catastrophic’ to industry

While a federal judge prepares a hearing for the settlement that allowed CVS Health to acquire Aetna, another judge said overturning the deal at this point could be “catastrophic” to the industry, according to Fox Business.

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Judge Andrew Napolitano, a senior judicial analyst for Fox News, agreed with the Department of Justice that with the settlement, the deal doesn’t raise any antitrust concerns.

“It does not violate the antitrust laws, it’s horizontal. It does not impede competition, it enhances competition. It lowers prices,” Mr. Napolitano told Fox Business April 8. “It’s the type of merger that a judge should approve in a heartbeat.”

The statement comes after the federal judge reviewing the agreement said he wants to hold a hearing for opponents of the deal. While Aetna agreed to sell its Medicare Part D prescription drug plan to merge with CVS, Judge Richard Leon was not as convinced that the department’s agreement alleviated antitrust concerns.

Mr. Leon said he plans to listen to critics of the deal in May. The American Medical Association, AIDS Healthcare Foundation, and other pharmacy and consumer groups have spoken out against the deal.

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