The Federal Trade Commission (FTC) is seeking public comment on a petition by Cooperativa De Farmacias Puertorriqueñas, also known as Coopharma, to reopen and modify a final consent order issued in 2012. The cooperative of independent pharmacy owners from Puerto Rico argues that changes in the law and the increasing dominance of pharmacy benefit managers (PBMs) necessitate revisiting the order.
The FTC’s 2012 order resolved antitrust charges against Coopharma, which had been accused of harming competition by negotiating and implementing agreements among its member pharmacies to fix prices with insurers and PBMs. The consent order prohibited Coopharma from entering into or facilitating agreements with pharmacies and exchanging information regarding contract terms with insurance payors.
Coopharma's petition requests that the FTC either modify or rescind the 2012 order due to new Puerto Rican laws allowing state oversight of healthcare provider cooperative negotiations with payors. The petition also contends that PBMs' increased dominance enables them to impose unfair contractual terms that disadvantage independent pharmacies.
According to Coopharma, the 2012 consent order has restricted many independent pharmacies across Puerto Rico from obtaining favorable contracting terms, leading to numerous closures. The current restrictions prevent Coopharma from negotiating lower costs for consumers and providing improved quality pharmacy services for residents of Puerto Rico. These improvements can only be achieved through equitable reimbursement and fair treatment under contracts with PBMs, states the petition. Coopharma also cites an interim staff report by the FTC recognizing unfair tactics employed by PBMs toward independent pharmacies.
Furthermore, Coopharma’s petition notes that the FTC's decision to rescind prior guidance on PBMs and ongoing state and federal investigations into PBM practices make the 2012 order unnecessary.
The FTC will soon publish Coopharma’s application in the Federal Register, including instructions for filing comments. Comments must be received within 30 days after publication. Once processed, they will be posted on Regulations.gov. Afterward, the Commission will vote on whether to approve the application.
The Federal Trade Commission aims to promote competition and protect consumers. The FTC advises that it will never demand money or make threats and encourages individuals to learn more about how competition benefits consumers or file an antitrust complaint through their resources.
