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In 2022, the FTC and twelve state partners filed a lawsuit against pesticide manufacturers Syngenta and Corteva, alleging that each defendant implemented a post-patent loyalty program that paid distributors to forgo buying competing generic products.
Syngenta and Corteva each moved to dismiss the lawsuit. On January 12, 2024, the Court issued an opinion and order denying defendants’ motions to dismiss.
On September 25, 2026, the FTC and state plaintiffs, together with Corteva, filed with the Court an agreed stipulated order settling the Corteva case. The stipulated order requires Corteva to dismantle its existing active-ingredient-based post-patent loyalty programs. For a period of ten years, Corteva is prohibited from conditioning payments or other benefits to a customer on that customer purchasing a high share of its requirements for a given pesticide active ingredient from Corteva or on limiting its purchases of generic equivalents, ending Corteva’s exclusionary conduct that has raised pesticide prices for farmers.
The stipulated order applies to all of Corteva’s post-patent active ingredients, and it applies to existing programs and future programs for the term of the stipulated order (10 years).
If you have concerns about whether Corteva is complying with its obligations under the stipulated order, please contact Paul Frangie at (202) 326-2697 and pfrangie@ftc.gov, Kenneth Libby at 202-326-2694 and klibby@ftc.gov, or bccompliance@ftc.gov.
The FTC filed a lawsuit against the three largest prescription drug benefit managers (PBMs)—Caremark Rx, Express Scripts (ESI), and OptumRx—and their affiliated group purchasing organizations (GPOs) for engaging in anticompetitive and unfair rebating practices that have artificially inflated the list price of insulin drugs.
On February 4, 2026, the Federal Trade Commission secured a landmark settlement with Express Scripts, Inc., and its affiliated entities (collectively “ESI”). The settlement requires ESI to adopt fundamental changes to its business practices that increase transparency, are expected to drive down patients’ out-of-pocket costs for drugs like insulin by up to $7 billion over 10 years, bring millions of dollars in new revenue to community pharmacies each year, and advance the Trump Administration’s key healthcare priorities.
On July 14, 2026, the Federal Trade Commission secured a settlement agreement Caremark Rx LLC and Zinc Health Services LLC (collectively Caremark) .
Caremark has agreed to a settlement agreement that requires the PBM to adopt changes to its business practices to drive down patients’ out-of-pocket costs, increase transparency and ensure community pharmacies are treated fairly.
On July 8, 2026, the FTC, along with five states, secured an important settlement in an antitrust lawsuit against farm equipment manufacturer Deere & Company that will ensure farmers can enjoy the right to repair their own John Deere tractors and farm equipment.
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