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ARTICLE · 04 SEPTEMBER 2026

State Attorneys General File Suit Against PBMs Based On Alleged Price-Fixing

Duane Morris LLP
Duane Morris LLP
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State attorneys general in Florida and Louisiana have filed lawsuits against pharmacy benefit managers alleging collusion and price-fixing of reimbursement rates paid to retail and independent pharmacies. These cases represent a growing trend of states pursuing antitrust enforcement actions against PBMs for allegedly coordinating to suppress pharmacy reimbursements.

United StatesAntitrust/Competition Law
Jonathan Swichar
Jonathan Swichar
Sheila Raftery Wiggins
Sheila Raftery Wiggins
Bradley A. Wasser
Bradley A. Wasser
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Two recent cases filed by state attorneys general allege collusion and fixing reimbursement rates among pharmacy benefit managers (PBMs), following on a trend of states asserting violations of antitrust laws.

Florida

On August 27, 2026, the Florida Office of the Attorney General filed a lawsuit against two PBMs for allegedly colluding in December 2019 to fix the price of reimbursement rates provided to Florida retail pharmacies.

The Florida complaint alleges that Express Scripts Inc. (ESI) and Prime Therapeutics LLC engaged in illegal price-fixing resulting in below-cost reimbursements provided by ESI and Prime to independent pharmacies in Florida. The reimbursement rates to Florida pharmacies for most brand and generic drugs filled for the PBM members forced many retail pharmacies to fill prescriptions at a loss which, ultimately, threatened their ability to remain in operation.

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