Surescripts Settlement Shores Up Competition in E-Prescription Market

  • The FTC settled with Surescripts, LLC to resolve allegations that the health information technology company violated the FTC Act by engaging in anticompetitive, monopolistic conduct.
  • The FTC’s complaint alleged that Surescripts utilized anticompetitive tactics to maintain monopolies in two markets related to electronic prescriptions: routing, or transmission between a provider and a pharmacy; and eligibility, or transmission of a patient’s prescription coverage information between a pharmacy benefit manager and a provider. The FTC also alleged that Surescripts executed or enforced non-compete agreements with current and former employees.
  • Under the terms of the proposed order, Surescripts would be prohibited from engaging in anticompetitive conduct in routing and eligibility markets and in its medication history services and on-demand formulary services, which uses data that identifies the patient’s group or plan level prescription benefit information for a specific or alternative drug.