A controversial lawsuit brought by the U.S. Federal Trade Commission against the largest pharmacy benefit managers over insulin pricing was delayed because the agency does not have enough commissioners to hear the case.
In a brief order, FTC General Counsel Lucas Croslow explained that the five-commissioner agency lacks a quorum to proceed. He noted that two Democratic commissioners were fired last month by President Trump and two Republican commissioners had recused themselves from the lawsuit at the time it was filed last September.
The procedural machinations reflect tumult at the FTC, where the firings are seen as a test of the independence of regulatory agencies. The firings were criticized by Democratic senators and consumers groups concerned that the move was an attempt to remove opposition within the FTC to big corporations. The two former Democratic commissioners planned to file suit to reverse their firings.
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