NEW YORK, Sept 17 (Reuters) - Pharmacy benefit manager
Express Scripts sued the U.S. Federal Trade Commission on
Tuesday over the regulator's recent drug pricing report, calling
the report's conclusion that the prescription middlemen raise
drug costs defamatory.
The lawsuit asks a federal judge in St. Louis, Missouri to
order the FTC to take the report down and recuse Chair Lina Khan
from any actions pertaining to the company, which is owned by
Cigna Corp.
The FTC said in the July report that market consolidation
has led to PBMs favoring their own affiliated businesses, which
creates conflicts of interest that prevent smaller independent
pharmacies from staying competitive by steering patients away
from them.
The report leans heavily on public comments and ignores
reams of evidence the PBMs provided, Express Scripts said in its
lawsuit. The report has led to lawsuits against the company and
probes by state regulators and federal lawmakers, it said.
"The Commission was intended to be a bipartisan defender
of consumers and fair competition, not an ideological pawn
driven by political winds and special interests," the company
said.
"The FTC stands by our study," said FTC spokesperson
Douglas Farrar, adding that three companies control nearly 80%
of the market.
"This is a complicated and opaque market, and the FTC is
committed to using its clear authority to help the public and
policymakers understand it," Farrar said.
The three biggest PBMs are UnitedHealth Group Inc's ( UNH )
Optum unit, CVS Health Corp's ( CVS ) CVS Caremark and
Express Scripts.