FTC Sued Over July Report Criticizing Pharmacy Middlemen

Published on September 17, 2024

Express Scripts, a major player in the pharmacy benefit manager (PBM) industry, filed a lawsuit on Sept. 17 against the Federal Trade Commission (FTC) over its July 2024 interim report on PBMs, which accuses dominant PBMs of contributing to rising drug prices and harming smaller, independent pharmacies. The company is seeking declaratory and injunctive relief, claiming the report is biased and defamatory. The FTC describes PBMs as “middlemen, negotiating the terms and conditions for access to prescription drugs for hundreds of millions of Americans.” Express Scripts described the report as “seventy-four pages of unsupported innuendo leveled against Express Scripts and other PBMs under a false and defamatory headline and accompanied by a false and defamatory press release.”...

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