Merck & Co. is digging its heels in against the Biden administration in a lawsuit over the constitutionality of HHS' drug pricing program, asking the court to rule without a trial.
Sen. Roger Marshall, R-Kan., sounds off on the PGA Tour-LIV Golf deal and reacts to a judge denying a White House request to contact social media companies on ‘The Big Money Show.’A major American pharmaceutical company fighting the Biden administration's drug pricing scheme is digging its heels in and wants a court to rule on the case without a trial.
Merck says the program doesn't involve real price negotiations and forces manufacturers to either negotiate a lower price with the government or be subjected to a staggering tax.manufacturers to provide Medicare beneficiaries with 'access' to their drugs at whatever discounted price the Government, in its unreviewable discretion, selects," Merck alleged.
On Tuesday, the New Jersey-based company filed a motion for summary judgment that asked the court to rule on the "undisputed" fact that the program violates both the First and FifthA motion for summary judgment is a request to the court to decide on the case without a trial. Merck says that despite the program's name and efforts by the government to say it engages in good faith negotiations with the company to lower costs for consumers, the "program involves no genuine negotiations and no voluntary agreements.""This is not 'negotiation.' It is tantamount to extortion," the company argued.
Merck said the program violates the takings clause of the Fifth Amendment of the Constitution because it "uses coercive sanctions to seize discounted goods for the pecuniary benefit of the Government."
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