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FTC’s PBM Investigation Could Yield Litigation Over Insulin Contracting

 
• By Cathy Kelly

The US Federal Trade Commission’s focus on potential anti-competitive behavior by pharmacy benefit managers picks up steam as Chair Lina Khan approaches the end of her term.

Is the FTC Poised To Challenge PBMs in Court? • Source: Shutterstock

The Federal Trade Commission’s interim report on the findings of its two-year investigation of pharmacy benefit managers flags “exclusionary rebating” as warranting further scrutiny as media reports surface that the commission may sue the three largest PBMs over their insulin contracting practices.

“Consistent with our commitment to share information with the public and policymakers as quickly as possible, we … confirm several troubling rebating practices and report evidence raising concerns that brand manufacturers and PBMs may be entering into rebate contracts designed to cut

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