The Federal Trade Commission filed an "emergency petition" Monday, asking a federal court to enforce its subpoena of Louisville, Ky.-based Humana in its ongoing investigation of Deerfield, Ill.-based Walgreens Boots Alliance's proposed $7 billion acquisition of Camp Hill, Pa.-based Rite Aid, The National Law Journal reports.
Here are three things to know.
1. The subpoena, filed April 10, requests documents the FTC says will help it "understand the competitive impact" of the proposed acquisition. The document request seeks information on Humana's Medicare prescription drug policies — which have Walmart as a preferred in-network provider — and communications between the payer and CMS on seven "broad topics," according to the report.
2. Humana filed a petition to limit the document request last month, arguing the FTC's request burdens a company that is not directly involved in the acquisition. In addition, Humana lawyers said the "costs that Humana, a non-party, will be forced to endure in an effort to isolate, collect, process, search for, review and produce the documents demanded by the FTC are enormous, while the benefit to the FTC, if any, is paltry."
3. The FTC said it needs Humana's records by June 26, as Walgreens and Rite Aid could initiate their deal by July 7.