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The Big 3 PBMs are Countersuing the FTC. Does Their Argument Have Any Teeth?
MedCity News December 8, 2024
After the FTC filed a lawsuit in September, accusing the three major pharmacy benefit managers of anticompetitive rebating practices related to insulin, the defendants reversed roles and became plaintiffs. In November, they countersued the agency, arguing that its lawsuit is unconstitutional.
CVS Caremark, Express Scripts and Optum Rx are fighting back.
After the FTC filed a lawsuit in September, accusing the three major pharmacy benefit managers of engaging in anticompetitive rebating practices tied to insulin, the defendants have turned plaintiff. In November, they countersued the agency, claiming its lawsuit is unconstitutional.
The move could be a possible delay tactic, as well as a message to the FTC that they will leave no stone unturned in order to defend themselves,...
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