Federal Trade Commission’s Focus on Pharmacy Benefit Managers

In early June, the Federal Trade Fee (FTC) exercised its authority underneath Part 6(b) of the Federal Trade Fee Act and launched an inquiry into prescription profit managers (PBMs).

Part 6(b) offers the FTC the authority to conduct research with out an enforcement agenda. In an order issued pursuant to Part 6(b), the FTC has requested a broad scope of knowledge, together with data associated to PBMs’ pharmacy community, pharmacy reimbursement, formularies and drug lists used for sure plan sponsors, data associated to specialty medication, and detailed data on rebate contracts. (The FTC launched the same study again in 2005, targeted on PBM possession of mail-order pharmacies).

On June 16, the FTC emphasised its focus on the PBM business when it issued a policy statement to “explain its enforcement policy” associated to “rebates and fees paid by drug manufacturers” to PBMs. That coverage assertion concentrated on using exclusionary rebates or different exclusionary conduct that has the impact of foreclosing competitors.

Of specific word, each the 6(b) inquiry and the coverage assertion have the assist of all 5 Commissioners.

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