NCPA battles anticompetitive behaviors of PBMs through Justice Department

NCPA September 6, 2023

NCPA submitted comments to the Federal Trade Commission and the Antitrust Division of the Department of Justice on their draft “merger guidelines” that the agencies issued in July. While NCPA supported the draft merger guidelines as a positive step, NCPA asked that the agencies pay closer attention to PBMs’ anticompetitive behaviors, including their exclusion of pharmacies from markets, using competitively sensitive information to negatively impact patients, steering patients, and creating an inability of patients to shop around for better PBMs.