In a scathing complaint filed in federal district court, Merck excoriated the Medicare price negotiation process as a 'sham' and 'tantamount to extortion.'
The drugmaker accused the federal government of employing what the company described as an unconstitutional scheme to take private property for public use without just compensation in violation of the Fifth Amendment.
"Under the IRA, the Government will requisition Merck's patented pharmaceutical products and transfer them to Medicare beneficiaries through forced sales," the company's legal team wrote in the complaint. "Conscripting companies to legitimize government extortion is the sort of parroted orthodoxy that the First Amendment's compelled-speech doctrine forbids," Merck's attorneys wrote.
The Centers for Medicare and Medicaid Services will publish a list of which drugs were selected for the first cycle of negotiations on September 1. The companies that make those drugs face an October deadline to sign agreements to participate in those negotiations.
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