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The Anti-Competitive Effects of ‘Any Willing Provider’ Laws
Washington Legal Foundation Legal Backgrounder
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This analysis evaluates the antitrust law ramifications of proposals requiring pharmacy benefit managers (“PBMs”) to open up their networks to “any willing provider” meeting the same terms and conditions as other network members. Providers which have failed to meet a PBM’s terms have frequently sought the enactment of any-willing-provider (“AWP”) legislation (or comparable administrative action). A recent federal proposal, The Pharmacy Competition and Consumer Choice Act of 2011 (“the Act”) — provides a useful model for this analysis. Both economic analysis and available empirical evidence suggest the bill will harm consumers by restricting competition.
