6/17/2025

At IPC, we are committed to keeping our members informed on critical issues impacting independent pharmacies, this includes the latest developments in legal actions against PBMs. As part of this effort, we want to share an update on recent lawsuits involving GoodRx and several PBMs, which allege anti-competitive pricing practices that harm pharmacies. IPC has been working closely with legal advisors to ensure our members have the opportunity to participate in this litigation under favorable terms, with no upfront costs and strong protections against retaliation. Below, you’ll find details on the case, how it may affect your pharmacy, and the options available to you. We will continue to provide updates as more information becomes available.

Lawsuits against PBMs. Retail pharmacies have been frustrated for many years with the aggressive and unfair business practices of pharmacy benefit managers. IPC has been a leader in seeking legislative action, in the U.S. Congress and in many states, to regulate PBMs and to limit their bad practices so that pharmacies can serve their patients and stay in business. Several lawsuits have been brought by pharmacies over the years asserting breach of contract and other claims against PBMs. Some of those suits have been bogged down for years as PBMs try to compel arbitration and use other legal techniques to slow or stop the cases. However, in recent years there have been more suits filed with some success.

GoodRx and PBM Price-Fixing. There are several recent suits filed this year against GoodRx and several PBMs primarily alleging anti-trust price fixing claims. The cases allege that GoodRx and the PBMs entered into illegal arrangements regarding sharing of data, including reimbursement prices and practices that enable the PBMs to agree to pay lower prices to pharmacies for drugs. NCPA filed one of these suits and others have been filed by pharmacies in various states. All have now been consolidated into a single case in Rhode Island. The cases ask that the Court certify the claim as a class action. The potential recoveries for pharmacies from the price fixing claim are likely to be quite substantial.

Opportunity for Representation. IPC has been working with a group of law firms, led by Leeds Brown Law, who brought one of the cases. We have negotiated a Litigation Retainer Agreement with Leeds Brown and the other firms which will offer IPC GPO Members an opportunity to participate in the litigation. Under the Agreement, Members will continue to be able to decide whether or not to participate in a class action award or settlement, if there is one, or participate as a named party in an action. The law firms agree to represent a pharmacy which signs the Retainer Agreement in responding to any retaliation by a PBM against a pharmacy for participating in the litigation. The law firms also agree to reasonable fees and to take the case on contingency, that is, there will be no fees owed by clients unless there is a recovery and the law firms also agree to pay all expenses.

To learn more and sign up, please contact

Dave Mayo
(516) 268-3579 (direct)
Email

Rosario Bucaro
(516) 246-6850 (direct)
Email

Jeff Brown
(516) 271-2477 (direct)
Email

Please stay tuned for additional information as it becomes available.