Healthcare DIVE November 20, 2024
Rebecca Pifer

The three companies are claiming the FTC’s suit is unconstitutional because it was lodged in the agency’s administrative court, instead of a federal one.

Dive Brief:

  • CVS, Cigna and UnitedHealth are suing the Federal Trade Commission in a bid to block the agency’s lawsuit against their pharmacy benefit managers for allegedly inflating U.S. insulin prices.
  • The three companies are claiming the FTC’s suit is unconstitutional because it was lodged in the agency’s administrative court instead of a federal court, violating their right to due process under the Fifth Amendment.
  • The FTC slammed the move as a tactic to distract from the allegations against the PBMs.

Dive Insight:

The legal fight between antitrust regulators and the three largest PBMs...

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