Mariah Smith

Mariah K. Smith graduated summa cum laude from Hampton University with a Bachelor of Science in Economics in 2022. Since matriculating at Yale Law School, she has delved into white-collar and antitrust work, spending both summers working on antitrust matters at both the Department of Justice, Antitrust Division, and Vinson & Elkins LLP. After obtaining her Juris Doctor in May 2026, Mariah will clerk for Judge Raymond A. Jackson of the District Court for the Eastern District of Virginia. She intends to specialize in antitrust litigation after clerking.

The Pharmaceutical Benefits Manager Settlements Are a Novel Advance for the FTC and Competition Enforcement

In February, the Federal Trade Commission settled with pharmaceutical benefits manager (PBM) Express Scripts. The FTC had sued Express Scripts and two other large PBMs under the long dormant Section 5 of the FTC Act, which targets “unfair methods of competition.” The settlement suggests that the FTC may succeed in addressing the convoluted contracts between PBMs, drug manufacturers, health insurers, and employers that drive up drug prices for Americans. It also opens unchartered territory for antitrust enforcement and the limits of Section 5, argue Fiona Scott Morton and Mariah Smith.

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