The settlement resolves a lawsuit alleging that Express Scripts and affiliated entities, referred to collectively as ESI, had artificially inflated the list price of insulin drugs by using anticompetitive and unfair rebating practices. It also said the PBM impaired patients’ access to lower list price products, ultimately shifting the cost of high insulin list prices to vulnerable patients. The FTC expects the settlement to reduce out-of-pocket costs for drugs such as insulin by up to $7 billion over 10 years.
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“The FTC’s settlement with Express Scripts is a clear testament to the Trump-Vance FTC’s focus on lowering healthcare costs for American patients,” FTC Chair Andrew N. Ferguson said. “The FTC’s settlement with ESI will end its business practices that have kept drug prices high, ultimately providing meaningful financial relief to American patients who depend on ESI to access life-sustaining prescription drugs, as well as community pharmacies who will see new revenues each year and relief from being squeezed.”
Cuban, however, enumerated several concerns about the terms of the settlement:
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