FTC Will Investigate Anti-Competitive Rebating But Any Enforcement Action Would Take Time

Commission policy statement highlights situations where rebates lead to formulary exclusion of lower-priced insulin. But concern is also relevant for other drug classes, including highly-anticipated coverage decisions for biosimilars to Humira.

Rebate
Investigation Starts With PBMs But Manufacturers Could Be Implicated Too • Source: Shutterstock

The Federal Trade Commissioner has unanimously adopted a policy statement articulating its commitment to investigating rebates paid by drug manufacturers to pharmacy benefit managers in exchange for providing less favorable coverage to generics and biosimilars.

Approved 16 June, the statement notes that “nothing prevents drug manufacturers, PBMs, and health plans from negotiating good-faith rebates and...

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