Express Scripts headquarters in St. Louis, Missouri.
Whitney Curtis | Bloomberg | Getty Images
Pharmacy benefit management company Express Scripts filed a lawsuit Tuesday over the Federal Trade Commission’s recent drug pricing report, alleging that the report’s conclusion that prescription middlemen are driving up drug costs is defamatory.
The lawsuit, filed in federal court in St. Louis, Missouri, asks the FTC to order the report to be suppressed and to bar Chairman Lina Khan from any action related to the company. CIGNA.
In a July report, the FTC said market consolidation could encourage PBMs to favor their own affiliated businesses, creating conflicts of interest that alienate patients and make it difficult for small, independent pharmacies to compete.
Express Scripts said in its lawsuit that the report relied heavily on public opinion and ignored reams of evidence provided by PBMs that it said led to lawsuits against the company and investigations by state regulators and federal lawmakers.
“The Commission is a bipartisan advocate for consumers and fair competition, not an ideological pawn manipulated by political trends or special interests,” the company said.
“The FTC stands by our findings,” FTC spokesman Douglas Faller said, adding that the three companies control nearly 80 percent of the market.
“This is a complex and opaque market, and the FTC is committed to using its clear authority to help the public and policymakers understand it,” Faller said.
The three major PBMs UnitedHealth GroupOptum unit, CVS HealthCVS Caremark and Express scripts.
