Mer­ck slams 'dra­con­ian penalties' en­forced un­der IRA in new court fil­ing

In a court re­sponse filed Thurs­day, Mer­ck railed against what it calls “dra­con­ian penal­ties” faced by drug­mak­ers who do not choose to par­tic­i­pate in the In­fla­tion Re­duc­tion Act’s Medicare price ne­go­ti­a­tions.

Mer­ck was the first drug­mak­er to file suit over the IRA, fol­lowed by sev­er­al oth­ers who’ve ar­gued the new law vi­o­lates the Con­sti­tu­tion by com­pelling com­pa­nies’ speech, tak­ing pri­vate prop­er­ty with­out fair com­pen­sa­tion and more.

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