The Federal Trade Commission (FTC) has approved (9 December) a request by Cooperativa De Farmacias Puertorriqueñas (Coopharma), a cooperative of independent Puerto Rican pharmacy owners, to modify a 2012 final order that restricted its negotiation practices.
The unanimous decision reflects changes in Puerto Rico’s laws, enabling supervised collective negotiations under the state’s regulatory framework.
The original 2012 order prohibited Coopharma from facilitating agreements or information exchanges among its member pharmacies regarding contract terms with insurers and pharmacy benefit managers (PBMs). This was part of an antitrust settlement addressing allegations that Coopharma harmed competition by fixing prices through collective negotiations.
Under the modified order, Coopharma can now jointly negotiate with insurers or PBMs, provided its actions are overseen by Puerto Rico’s designated supervisory entity. This change aligns with Puerto Rico’s updated legal framework, which supports cooperative negotiations in the healthcare sector.
Coopharma sought the modification to counter what it describes as increasing PBM dominance and the imposition of unfair contractual terms that disadvantage independent pharmacies. The FTC’s approval was unanimous, with Chair Lina M. Khan and Commissioner Melissa Holyoak issuing separate statements supporting the decision.
The modification reflects the FTC’s broader commitment to promoting competition while accommodating evolving legal and market conditions. Independent pharmacies are expected to benefit from increased leverage in negotiations with powerful PBMs, improving their ability to compete in a challenging market environment.
For more information on the FTC’s work or to file an antitrust complaint, visit the agency’s website or follow its updates on social media.
