CPhA to submit complaint to Competition Bureau around new ESC fee

The Canadian Pharmacists Association (CPhA) will soon submit a complaint to the Competition Bureau saying that they believe the upcoming new monthly service fee from Express Scripts Canada should not be allowed. It will argue that the fee is market dominance under the Competition Act and should not be permitted. “We consulted with our legal counsel, and we feel very strongly that this could be construed as market dominance, and we will be submitting a complaint shortly,” said Joelle Walker, vice president of public and professional affairs for the CPhA. In the U.S., pharmacy benefit managers like Express Scripts charging fees and restricting payments to certain pharmacies are more common. The government has intervened in several states to regulate them more closely. “What happens in the U.S. tends to be translated into the Canadian context in some way. It’s really important for us to get ahead of these trends,” says Walker. Read: Express Scripts Canada’s new $200 fee for pharmacies raises concerns of U.S.-style PBMs in CanadaThe CPhA is also encouraging pharmacists who are upset about the upcoming new monthly service fee from Express Scripts Canada to contact their MPs. Their website tells pharmacists how to reach their local MP and provides key messages that can be discussed, including the idea that this is market dominance. (Even though the Competition Bureau is an independent organization, it’s mandated federally, Walker explains.) It also highlights that Express Scripts didn’t consult with pharmacists before they implemented the fee. And it encourages pharmacists to speak about their experience and how the new costs will affect them. “It will impact everybody differently, and it’s important for pharmacists to share their own story,” says Walker. Finally, they include that in a recent survey commissioned by the association, 61% of the 1,919 adults polled believed that insurance companies should not be able to charge a fee for submitting a claim on their behalf. Read: Is it possible Express Scripts Canada will break the camel’s back?It’s clear to the CPhA that many pharmacists are very upset about this, says Walker. “I’ve never seen the pharmacy community come together so quickly and be so galvanized on any issue before,” she says. “There’s no doubt in our mind that this is an issue that’s really important to all pharmacists.” The CPhA has also sent a letter directly to Express Scripts outlining its objections. They plan on taking more action in 2024, Walker says. “This isn’t it: We’re going to keep going in the new year, and we have a few other strategies for the different levels of government,” she says. “We’re working on every level of messaging.” Read: Mistreatment of pharmacists: Solutions to be highlighted at upcoming OPA conference

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