Merck & Co., Inc.’s go-it-alone lawsuit against the US Health and Human Services Department over the government’s implementation of the Medicare price negotiation program offers a vividly-worded description of the injuries facing companies targeted for price negotiation. But its arguments that the law violates the Constitution raise questions for some industry watchers.
Key Takeaways
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Merck’s First and Fifth Amendment challenges of the drug price negotiation program are described by one legal expert as ‘very, very weak.’
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Complaint focuses on Constitutional arguments and stays out of the weeds on the program’s implementation
Filed 6 June, the company’s complaint seeks declaratory judgment that the nascent negotiation program violates the First and Fifth Amendments
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