Michigan v. Express Scripts, Inc. et al.
May 19, 2025
Michigan brought suit against two pharmacy benefit managers (“PBMs”), Express Scripts, Inc. (“ESI”) and Prime Therapeutics, alleging that the companies entered into an illegal horizontal price-fixing agreement. PBMs’ clients are third-party payors, such as private insurance companies and large employers, that offer pharmaceutical benefits to their members. As part of the services PBMs offer to…
West Virginia ex rel. McGraw v. Wampler Foods, Inc., No. 99-C-10 (Cir. Ct. Hardy Cty. 1999)
October 9, 2020
The State brought an action claiming Wampler was using its monopsonistic power to control the prices paid to farmers raising chickens for it. Farmers had no other buyer for the chickens they raised other than Wampler. The Court dismissed the action finding that Wampler had not engaged in any exclusionary conduct.