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Mileage of FTC Suit Against PBMs May Vary, Experts Suggest

 
• By Leslie Small

With a single drug category and an uncertain political future, the FTC’s legal efforts may gain limited traction. Was focusing on insulin rebating a wisely targeted approach or did the case underemphasize the ‘emotionally more powerful consumer deception issue’?

Is the FTC's effort against the middlemen middling? (Shutterstock)

When the Federal Trade Commission (FTC) officially accused the three largest PBMs of artificially inflating insulin prices, it marked the latest move in what has become a protracted effort by federal regulators to rein in the industry’s business practices.

Key Takeaways
  • The meat of the FTC’s argument is about insulin rebating, but the complaint seeks relief for “drugs” generally.
  • Focusing the case on insulin creates both strengths and limitations in the agency's legal strategy

However, experts who spoke to the Pink Sheet’s affiliated news service AIS Health said the impact of the FTC-driven litigation on the market, or whether the complaint will

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