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November 2, 2004
The DC Attorney General Moves Forward with an Antitrust Enforcement Action Against CVS Corporation

(Washington, DC)   Robert J. Spagnoletti, Attorney General for the District of Columbia, announced today that Judge James E. Boasberg has entered several orders in the antitrust enforcement action against CVS Corporation for its acquisition and closure of the only non-CVS pharmacy in the Palisades neighborhood of the District. The District alleges that the CVS acquisition reduced the number of neighborhood pharmacies from two to just one remaining CVS store.

Judge Boasberg has denied CVS’ request for a judgment that would have dismissed the District’s complaint without trial, and ruled that the District may proceed to trial on its claims against CVS.  Judge Boasberg also denied the District’s request for entry of judgment in its favor without the requirement of a trial and dismissed from the case the party that sold its Palisades neighborhood pharmacy to CVS. Additionally, the District’s experts will be allowed to testify at trial, despite opposition from CVS, and as requested by the District, CVS’ economic expert, Dr. Barry Harris, will be required to testify further at a pre-trial deposition.

 
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