Case 1:18-cv-02340-RJL Document 127 Filed 06/28/19 Page 1 of 8 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA et al., Plaintiffs, v. Case No. 1:18-cv-02340-RJL CVS HEALTH CORPORATION and AETNA INC. Defendants. PLAINTIFF STATES’ SUPPLEMENTAL STATEMENT OF SUPPORT AND RENEWED REQUEST TO ADDRESS THE COURT After reviewing the evidence submitted in the Tunney Act hearing and the subsequent record in this proceeding, and in light of the upcoming hearing for oral argument, the Attorneys General of the states of California, Florida, Hawaii, Mississippi, and Washington (collectively, “Plaintiff States”) file this supplemental statement. First, we advise the Court of our continued support for the position of the United States Department of Justice (“DOJ”) regarding our combined Proposed Final Judgment on the merger of CVS Health Corporation (“CVS”) and Aetna Inc. (“Aetna”). Second, we respectfully renew our request to address the Court for ten minutes during the hearing for oral argument set for July 17, 2019.1 As independent co-Plaintiffs who joined the Proposed Final Judgment and who have an important role in its enforcement, Plaintiff States carefully reviewed and considered the 1 DOJ and CVS have no objection to Plaintiff States’ request. Case 1:18-cv-02340-RJL Document 127 Filed 06/28/19 Page 2 of 8 testimony from the Tunney Act hearing as well as the information submitted to the Court after the hearing.2 This review affirmed our belief that the horizontal aspects of the merger presented anticompetitive issues and that the proposed divestiture provides an effective and appropriate remedy for the antitrust violations alleged in the Complaint. Therefore, Plaintiff States reaffirm our support for approval of the Proposed Final Judgment by the Court as being in the public interest. /// DOJ sought but was not given an opportunity to present or cross-examine witnesses, or make objections during witness testimony, to clarify the record and to show that the Proposed Final Judgment is in the public interest for purposes of the Tunney Act. 2 2 Case Document 127 Filed 06/28/19 Page 3 of 8 Dated: June 28, 2019 Respectfully submitted, FOR PLAINTIFF STATE OF CALIFORNIA: XAVIER BECERRA Attorney General . MALINDA LEE EMILIO VARANINI Deputy Attorneys General Of?ce of the Attorney General of California 300 S. Spring Street, Suite 1702 Los Angeles, California 90013 Phone: (213)269?6223 Fax: (213) 897-2801 E-mail: Malinda.Lee@doj .ca. gov Case 1:18-cv-02340-RJL Document 127 Filed 06/28/19 Page 4 of 8 FOR PLAINTIFF STATE OF FLORIDA: ASHLEY MOODY Attorney General --- PATRJCIA A. CONNERS Chief Associate Deputy Attorney General LIZABETH A. BRADY Chief, Multistate Enforcement CHRISTOPHER R. HUNT Assistant Attorney General RACHEL MICHELLE STEINMAN Assistant Attorney General Office of the Attorney General of Florida PL-01, The Capitol Tallahassee, FL 32399-1050 Phone:(850)414-3856 Fax: (850) 488-9134 Rachel.steinman@myfloridalegal.com 4 Case Document 127 FOR PLAINTIFF STATE OF HAWAII: CLARE E. CONNORS Attorne General 2/ RODNEY I. KIMURA Deputy Attorney General Of?ce of the Attorney General of Hawaii 425 Queen Street Honolulu, HI 96813 Phone: (808) 586-1180 Fax: (808) 586-1205 rodney.i.kimura@ hawaii.gov Filed 06/28/19 Page 5 of 8 Case 1:18-cv-02340-RJL Document 127 Filed 06/28/19 Page 6 of 8 FOR PLAINTIFF STATE OF MISSISSIPPI By: �!--±:-:--t-:::---"----------,t's:,;,,<--""----",C7"---t ley Secoy nsumer Protection Di s10n ississippi Attorney General's Office ost Office Box 2294 7 Jackson, Mississippi 39225 Telephone: 601-359-4213 Fax: 601-359-4231 cutle@ago.state.ms.us 6 Case 1:18-cv-02340-RJL Document 127 Filed 06/28/19 Page 7 of 8 FOR PLAINTIFF STATE OF WASHINGTON: ROBERT W. FERGUSON Attorney General LUMINITA NODIT Assistant Attorney General Attorney General's Office 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 Phone: (206) 254-0568 Fax: (206) 464-6338 Lumi.Nodit@atg.wa.gov 7 Case 1:18-cv-02340-RJL Document 127 Filed 06/28/19 Page 8 of 8 CERTIFICATE OF SERVICE Case Name: United States of America et al., v. CVS Health Corporation and Aetna Inc. No. 1:18-cv-02340-RJL I hereby certify that on June 28, 2019, I electronically filed the following documents with the Clerk of the Court by using the CM/ECF system: PLAINTIFF STATES’ SUPPLEMENTAL STATEMENT OF SUPPORT AND RENEWED REQUEST TO ADDRESS THE COURT I certify that parties in the case are registered CM/ECF users and that service will be accomplished via the CM/ECF system. I declare under penalty of perjury the foregoing is true and correct and that this declaration was executed on June 28, 2019, at Los Angeles, California. Malinda Lee Declarant /s/ Malinda Lee Signature