Wednesday We Should See The HHS / CMS Reply Brief -- In Merck's Silly Suit To Prevent Drug Price Negotiations. It Should Offer... Compelling Arguments, Against Mr. Davis' "Folly".

To be sure, we will have it for you, in full, on this Wednesday evening.

Since the last round of briefing, Merck -- along with several other big pharma companies, agreed to sit down at the table, and negotiate pricing -- on at least the ten initial designated drugs. The companies claim to reserve their right to continue the argument that the government cannot demand price negotiations. . . but in all likelihood, this is just a face saving way for them to let these suits die. Doubly so, after the governmental agencies offer a reply brief this Wednesday night:

. . .THIS COURT ORDERS that Defendants' [the federal governmental agencies'] reply brief is due NOVEMBER 29, 2023; their page limit is 45 pages. Signed by Judge Colleen Kollar-Kotelly on 11/9/23. . . .

So tune in then -- should be. . . a hoot. While I am sure Mr. Davis is no Ken Frazier, I generally view him as a solid executive. I'm not sure which set of lawyers convinced him this stupefying stunt / suit was a good idea. . . but he ought to cashier them. Onward.

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