NASP’s Federal Trade Commission (FTC) Comments

Feb 17 · Advocacy

On February 17, 2022, Sheila Arquette, President & CEO of the National Association of Specialty Pharmacy (NASP), testified before Federal Trade Commission (FTC) Chair Lina Khan and Commissioners on whether to conduct a Study on Pharmacy Benefit Managers (PBMs) Relationship with Affiliated and Independent (Non-Affiliated) Pharmacies. NASP testified in strong support of the study after years of supporting FTC oversight and enforcement over anticompetitive practices impacting non-affiliated specialty pharmacies. Following testimony and the urging by NASP and other organizations and individuals, the Commission faced a tied vote, and the motion failed. The study had intended to review the competitive impact of contractual provisions, reimbursement adjustments, and other practices affecting drug prices, including those practices that may disadvantage specialty or independent pharmacies. FTC Chair Khan expressed her disagreement and disappointment with the vote and stated that the FTC will continue to work on and revisit this effort.

Prior to the vote, NASP submitted written comments. NASP is extremely disappointed the FTC did not vote to move forward and will re-engage with the Commission and work with members of Congress to ensure the FTC revisits this effort and addresses the anti-competitive practices that affect specialty pharmacy businesses and the patients they serve.