1. Pink Sheet
  2. >>Market Access

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

 
• By Cathy Kelly

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 • Source: Shutterstock

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.

  • The action may be a warning to the FTC not to file its own litigation challenging what it views as anti-competitive practices by PBMs

Filed in US district court in eastern Missouri on 17 September, the

Read the full article – start your free trial today!

Join thousands of industry professionals who rely on Pink Sheet for daily insights

  • Start your 7-day free trial
  • Explore trusted news, analysis, and insights
  • Access comprehensive global coverage
  • Enjoy instant access – no credit card required
Start Free Trial

Already a subscriber?

More from Market Access

More from Pink Sheet

Mayne’s Nextstellis Promo Wrong To Suggest Better Safety Than Other Contraceptives, FDA Says

 
• By Sue Sutter

A professional slide deck for the drospirenone/estetrol oral contraceptive inappropriately suggests it is safer than other estrogen-containing products and understates risks, Office of Prescription Drug Promotion said in the first “untitled” letter issued since reductions-in-force.

US HHS Deputy Nominee Talks AI, Not FDA, In Confirmation Hearing

 
• By Ramsey Baghdadi

Silicon Valley investor Jim O’Neill’s Senate confirmation hearings showcased the unique background of someone with government and tech experience and avoided discussions of his past statements about lowering the bar for regulatory approval.

US FDA Waiting On Guidance Agenda Future As HHS Seeks Regulation Cuts

 
• By Derrick Gingery

The FDA continues to wait for a decision on whether its priority guidances will be published as HHS asks the public for potential regulation cuts to fulfill President Trump’s executive order.