Ohio Attorney General Opposes Bid by Cigna, Express Scripts to Dismiss Drug Pricing Antitrust Claims

According to MLex, the state argues that the defendants are improperly relying on standards drawn from federal antitrust law, specifically the Sherman Act, to challenge claims brought under Ohio’s own antitrust statute. Ohio contends that its state law provides an independent basis for pursuing the case and should not be evaluated under the same framework as federal antitrust claims.

Per MLex, the attorney general told the court that the companies’ dismissal request attempts to import federal legal requirements that do not apply to Ohio’s antitrust laws. The state maintains that its claims should proceed because they are based on provisions of Ohio law that are broader than federal antitrust statutes.

The dispute stems from a lawsuit accusing Express Scripts, Cigna, Prime Therapeutics and related entities of conspiring to inflate prescription drug prices through their pharmacy benefit management operations. Ohio alleges that the companies engaged in anticompetitive conduct that harmed consumers, employers and pharmacies by increasing the cost of medications. The state has previously argued that the defendants used a group purchasing organization, Ascent Health Services, to coordinate pricing and rebate negotiations with drug manufacturers. According to court filings and prior statements from the attorney general’s office, Ohio claims the arrangement contributed to higher drug prices and reduced competition in the pharmaceutical supply chain.

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The litigation is part of a broader legal battle that began in 2023, when Ohio sued several pharmacy benefit managers and affiliated companies under the state’s Valentine Act, Ohio’s antitrust law. State officials have argued that the law reaches conduct that may not necessarily be covered by the Sherman Act, making federal antitrust precedents less relevant to the case.

According to MLex, Ohio’s latest filing emphasizes that the court should evaluate the allegations under state law rather than federal antitrust standards advanced by the defendants. The attorney general’s office is seeking to keep the case moving forward as it pursues claims that the companies participated in unlawful conduct affecting prescription drug pricing in Ohio.

Source: Law 360