FTC: Express Scripts, Inc., et al.; Analysis of Agreement Containing Consent Order to Aid Public Comment

On behalf of FMI – The Food Industry Association and the tens of thousands of supermarket pharmacies operated by our member companies, thank you for the opportunity to comment on the Federal Trade Commission’s (FTC or Commission) proposed consent agreement with Express Scripts, Inc. (ESI) and its affiliated entities.

FMI represents the food industry, including grocery companies that operate retail pharmacies serving millions of patients and families across the United States. These pharmacies play an essential role in ensuring access to prescription medications and pharmacist services. This is particularly true for families and seniors who rely on their local grocery store pharmacy as a convenient and trusted point of care and for communities facing provider shortages, where pharmacists are often a critical and highly accessible last point of care.

FMI commends the FTC for its continued efforts to identify and address anticompetitive practices in the pharmacy benefit manager (PBM) marketplace. The Commission’s investigation and enforcement activities are a significant and much-needed step toward addressing longstanding concerns regarding the concentrated market power and vertically integrated business practices of PBMs and toward restoring a more transparent, competitive, and accountable marketplace that supports sustainable access to community-based pharmacy care for patients.