The Big 3 PBMs are Countersuing the FTC. Does Their Argument Have Any Teeth?

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The three major pharmacy benefit managers, CVS Caremark, Express Scripts, and Optum Rx, have countersued the FTC after being accused of engaging in anticompetitive practices tied to insulin rebates. The PBMs claim the lawsuit is unconstitutional and are trying to defend themselves against the allegations. The FTC argues that the PBMs control a large portion of the prescription market, leading to increased costs for consumers. The legal battle raises questions about the fairness of the administrative process and the influence of the PBMs on drug pricing. The outcome of the case is uncertain due to the political environment and potential Supreme Court involvement.

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