Advisory Board June 14, 2023
Lawsuits from Merck and the U.S. Chamber of Commerce filed last week argue the Inflation Reduction Act‘s (IRA) drug pricing negotiation provisions are unconstitutional and should be struck down.
Details on Merck’s lawsuit
Merck’s lawsuit, filed Tuesday of last week, argued the drug pricing negotiation process outlined in the IRA is a “sham” and a bureaucratic diktat in disguise, backed by coercive state sanctions rather than mutual consent that is “tantamount to extortion.”
Specifically, Merck claimed drug price negotiations will result in the government taking the company’s “private property,” violating the Fifth...