Caremark Rx, Inc. (NYSE: CMX) acknowledges notification of a filing on January 3, 2007 by Express Scripts with the Federal Trade Commission and with the Antitrust Division of the United States Department of Justice under the Hart-Scott-Rodino Antitrust Improvements Act of 1976. This filing is related to the unsolicited proposal from Express Scripts to Caremark dated December 18, 2006. On November 1, 2006, Caremark executed a merger agreement with CVS Corporation which provides for the combination of the two companies in a transaction structured as a merger of equals. Caremark is bound by the terms of this merger agreement. On December 20, 2006, the initial waiting period for the CVS/Caremark merger as required by the Hart-Scott-Rodino Antitrust Improvements Act of 1976 expired without a Request for Additional Information from the U.S. Federal Trade Commission (commonly referred to as a "second request"). Caremark and CVS have also filed a joint proxy with the Securities and Exchange Commission. As previously indicated, Caremark's Board of Directors is reviewing the terms of the proposal submitted by Express Scripts on December 18, 2006, in a manner consistent with its obligations under the CVS merger agreement and applicable Delaware law.
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