The Federal Trade Commission Puts Pharmacy Benefit Managers on Notice Regarding Rebate Practices

The Federal Trade Commission (FTC) issued an enforcement policy statement aimed at illegal rebate practices by pharmacy benefit managers (PBMs) and other intermediaries. The FTC may issue fines or penalties to PBMs who are found to be engaging in these practices. The agency issued an enforcement policy statement that targets rebates and fees that can prohibit competitors from targeting lower-cost drug alternatives. The FTC outlined what rebates or fees could spark a move against a PBM or other intermediary, which could potentially result in fines or penalties. “Today’s action should put the entire prescription drug industry on notice: when we see illegal rebate practices that foreclose competition and raise prescription drug costs for families, we won’t hesitate to bring out full authorities to bear,” said FTC Chair Lina Khan in a statement. Read more.