PBM Update: Special Edition - FTC 6(b) Interim Staff Report and Activity

The Federal Trade Commission (FTC) Office of Policy Planning released an Interim Staff Report titled Pharmacy Benefit Managers: The Powerful Middlemen Inflating Drug Costs and Squeezing Main Street Pharmacies (the Interim Report) on July 9, 2024. The Interim Report reflects the FTC’s work since it began its 6(b) study of Pharmacy Benefit Managers (PBMs) in June 2022. Our Health and Antitrust teams actively monitor federal and state regulatory and legislative developments in the PBM space, including those coming from the FTC. In this Special Edition of the PBM Policy and Legislative Update, we paired up with our Antitrust colleagues to highlight the FTC’s recent activity in investigating the potential competitive consequences from conduct in the PBM industry, including Commissioner Melissa Holyoak’s dissenting statement regarding the Interim Report, and reports of a forthcoming action against the major three PBMs related to insulin rebate practices. The Mintz Health and Antitrust practices will continue to monitor enforcement actions and policy advocacy from the FTC in this space

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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