S. 113 would require the Federal Trade Commission (FTC) to study whether anticompetitive practices exist within the pharmaceutical supply chain, especially as carried out by pharmacy benefit managers or intermediaries. Under the bill, the FTC would:
Research potential legal or regulatory barriers that prevent the commission from effectively enforcing violations of the antitrust and consumer protection laws in the pharmaceutical supply chain,
Study any legal or regulatory obstacles that contribute to the cost of prescription drugs,
Identify methods that payers and companies use to assess the costs and benefits of contracting with intermediaries,
Formulate policy or legislative recommendations to deter anticompetitive behavior in the pharmaceutical supply chain and report its findings to the Congress, and
Report to the Congress on the number and nature of complaints about sole-source drug manufacturers, the commission’s ability to engage in enforcement against such manufacturers, and recommendations to strengthen its ability to prosecute anticompetitive behavior.
