Lexology July 12, 2024
On July 10, 2024, multiple media sources reported that the Federal Trade Commission (FTC) intends to file suit against the nation’s three largest pharmacy benefit managers (PBMs)—OptumRx, Express Scripts and Caremark—over allegations of improper pricing in connection with their negotiations with drug manufacturers that dramatically increased prices for consumers and lined the PBMs’ pockets with lucrative “rebates.”
The announcement of imminent litigation by the FTC against these PBMs occurred the day after the FTC issued an extensive interim report in connection with its pending 6(b) study into PBM misconduct toward independent pharmacies and consumers. While the interim report will be followed by a final FTC report, the announcement that the FTC is moving forward with enforcement actions against PBMs, based...
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