Forbes October 7, 2024
Joshua P. Cohen

The Federal Trade Commission filed a lawsuit last month against the pharmacy benefit managers CVS Caremark, Express Scripts and OptumRx for their allegedly anticompetitive practices that “artificially inflated” the price of insulin. The legal complaint accuses the PBMs of establishing a “perverse” system of rebates that favors insulin products with higher list prices which in turn contributes to one in four patients being unable to afford insulin products.

The FTC’s action came on the heels of another legal move, this time in the reverse direction as Express Scripts sued the FTC for claims the agency made in an interim report released in July on PBM business practices. This legal action appears to follow a line of reasoning laid out in...

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