Florida and Louisiana sue Express Scripts over alleged drug price fixing

Attorneys general in Florida and Louisiana have filed separate lawsuits against pharmacy benefit manager (PBM) Express Scripts, alleging anticompetitive practices that harm patients and independent pharmacies.

The Florida lawsuit, filed by Attorney General James Uthmeier, alleges that Express Scripts and Prime Therapeutics engaged in horizontal price fixing. The complaint claims a 2019 agreement allowed Prime to adopt Express Scripts’ lower pharmacy reimbursement rates, which the state argues violates antitrust laws, reduces revenue for pharmacies, and threatens medication access.

Similarly, Louisiana Attorney General Liz Murrill sued Express Scripts and its affiliate, Ascent Health Services LLC. The suit accuses the companies of using market power to manipulate reimbursement rates, conceal profits, and steer patients toward pharmacies the company owns or controls. Louisiana officials also allege an unlawful agreement with Prime Therapeutics to coordinate fees and increase leverage over drug manufacturers, potentially driving up drug prices and threatening the viability of independent pharmacies in rural and underserved areas.