Shot Across The Bow? Express Scripts Lawsuit Aims To Prevent Fall-Out From FTC PBM Report

18 Sep 2024

Pharmacy benefit manager sues Federal Trade Commission, claiming chair Khan has orchestrated a campaign against PBMs that is not based in fact.

Lawsuit May Be Premature Because FTC Has Not Acted Yet

Pharmacy benefit manager Express Scripts Holding Company is seeking a court order “recusing” Federal Trade Commission chair Lina Khan from overseeing further commission action involving the company because she has demonstrated an unfair bias in her approach to investigating the PBM industry.

Key Takeaways

Express Scripts lawsuit against the Federal Trade Commission seeks to vacate the commission’s interim report on its PBM investigation and “recuse” chair Lina Khan from participating in further commission action involving its business.

Filed in US district court in eastern Missouri on 17 September, the lawsuit also requests that the interim staff...