NEW YORK, November 4, 2024—Old Baltimore Pike Apothecary, Inc. and Smith’s Pharmacy II, Inc. have filed a significant class action lawsuit in the United States District Court for the District of Rhode Island against GoodRx Holdings, Inc., CVS Caremark Corporation, Express Scripts Holding Company, MedImpact Healthcare Systems, Inc., and Navitus Health Solutions, LLC. The plaintiffs allege that these companies conspired to fix prices paid by pharmacy benefit managers (PBMs) to pharmacies for prescription drug claims, resulting in decreased reimbursements and increased fees for independent pharmacies.
The lawsuit claims that the defendants’ actions have harmed independent pharmacies and reduced competition in the market. The plaintiffs argue that the defendants’ price-fixing agreements have led to the closure of many independent pharmacies and negatively impacted the quality of care provided to patients.
“Independent pharmacies are the backbone of our communities, providing essential healthcare services to millions of Americans,” said Partner Greg Asciolla, chair of DiCello Levitt’s Antitrust and Competition Litigation Practice Group. “GoodRx and these PBMs—four of the largest in the United States—have not only hurt small businesses but also the patients who rely on them for their medications. We aim to hold them accountable for the considerable harm caused by their sophisticated price-fixing scheme.”
The complaint details how the PBMs have used their market power to employ anticompetitive tactics, such as sharing real-time pricing data and allocating transactions to maximize claims processed using discount cards. The partnerships between GoodRx and the PBM defendants are alleged to be price-fixing agreements that harm independent pharmacies.
The plaintiffs seek to represent all pharmacies in the United States that dispensed generic pharmaceuticals to members of the PBM defendants during the relevant periods. They are seeking treble damages, attorneys’ fees, costs, and injunctive relief to end the defendants’ anticompetitive practices.
The case is Old Baltimore Pike Apothecary, Inc. and Smith’s Pharmacy II, Inc. v. GoodRx Holdings, Inc., et al., Case No. 1:24-cv-00453 in the United States District Court for the District of Rhode Island. A copy of the complaint is available here.
Independent pharmacies interested in learning more about the suit should contact [email protected], (332) 334-2422.
About DiCello Levitt
At DiCello Levitt, we’re dedicated to achieving justice for our clients through class action, environmental, mass tort, securities, financial services, antitrust, business-to-business, public client, whistleblower, personal injury, and civil and human rights litigation. Our lawyers are highly respected for their ability to litigate and win cases—whether by trial, settlement, or otherwise—for people who have suffered harm, global corporations that have sustained significant economic losses, and public clients seeking to protect their citizens’ rights and interests. Every day, we put our reputations—and our capital—on the line for our clients.
DiCello Levitt has achieved top recognition as Plaintiffs Firm of the Year and Trial Innovation Firm of the Year by the National Law Journal, in addition to its top-tier Chambers and Benchmark ratings. For more information about the firm, including recent trial victories and case resolutions, please visit www.dicellolevitt.com.
Media Contact Caitlin Whitehurst, Director of Communications, [email protected], 513-582-3532