Anthem, Express Scripts Contract Fight Probed by Second Circuit

The Second Circuit on Tuesday wrestled with Anthem’s eight-year-long challenge alleging Express Scripts breached a contract by failing to negotiate in good faith for competitive pricing.

At issue before a three-judge panel in the US Court of Appeals for the Second Circuit is whether a lower court was right to rule against Anthem Inc.’s claims that Express Scripts Inc., violated an agreement and overcharged it approximately $10 billion dollars for prescriptions from 2015 into 2019.

“How would one ensure competitive pricing? What would that look like?” Judge Barrington D. Parker asked counsel representing Anthem.

“What is the genesis of this ...