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The
FTC has previously gone after companies such as Uber
Technologies Inc in 2017 and Amazon.com Inc last year but has
been prevented from tackling recent similar cases because of a
Supreme Court ruling in April 2021 that said the agency had
inappropriately used its rule-making powers to claw back
ill-gotten gains.
The commission - made up of two Democrats and two Republicans -
voted unanimously to begin the long process of creating a rule
regarding companies that are deceptive about how much a consumer
might earn from a gig job, from a multilevel marketing company,
or a degree from a for-profit school, among others.
Republican Commissioner Noah Phillips noted in particular the
proliferation of multi-level marketing companies during the
coronavirus pandemic. "The problem does not show signs of waning
any time soon," he said.
But Democrats on the commission failed to win needed Republican
support for a study on pharmacy benefit managers, like CVS
Caremark, which serve as intermediaries between drug
manufacturers, health insurance plans and pharmacies to
negotiate prescription drug prices. Other major companies are
UnitedHealth Group Inc's OptumRx and Cigna Corp's Express
Scripts.
"I have to say I'm really disappointed by this outcome," Chair
Lina Khan, a Democrat, said after the 2-2 vote. A tie vote means
that the matter does not go forward.
Both Phillips and Christine Wilson, the other Republican,
indicated a willingness to revisit the matter.
Independent pharmacists have complained bitterly about PBMs,
saying they steer patients to their pharmacies or to mail-order,
and offer reimbursements that are sometimes less than the cost
of the drug to the independent pharmacist, among other concerns.
(Reporting by Diane Bartz in Washington; Editing by Matthew
Lewis)
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