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Client Alert Trevor Rubin Client Alert Trevor Rubin

A “Landmark” Win or a Strategic Escape? Unpacking the FTC’s Express Scripts Deal

In February 2026, the Federal Trade Commission announced that it “secured a landmark settlement” with Express Scripts—one of the nation’s largest pharmacy benefit managers.  Formalized as a consent order, the settlement represents a milestone in efforts to rein in PBMs, whose practices largely escaped regulatory scrutiny until the FTC launched an industry-wide inquiry in 2022. That inquiry eventually led to the FTC bringing an administrative action against the “Big 3” PBMs in 2024, alleging that they inflated the list price of insulin drugs through rebate and other anticompetitive and unfair practices.

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