FTC Escalates Battle Against PBMs With Complaint On Insulin Pricing

FTC's challenge is the culmination of years of investigation, but choice of venue and theories of harm reveal potential weaknesses.

Key Takeaways

• The FTC filed an administrative complaint against the "Big Three" pharmacy benefit managers (PBMs) and their affiliated group purchasing organizations (GPOs) after a years-long investigation.
• Although the complaint is primarily focused on insulin pricing, the FTC's requested relief would apply to PBMs' practices across the board, not just with respect to a single drug.
• The FTC's Deputy Director for the Bureau of Competition also publicly warned drug manufacturers that they too could be subject to enforcement actions related to drug pricing.