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The New Coffee Room

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  3. The Merck Suit

The Merck Suit

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  • J Offline
    J Offline
    Jolly
    wrote on 12 Jun 2023, 12:10 last edited by
    #1

    https://nypost.com/2023/06/11/hope-merck-prevails-in-its-inflation-reduction-act-suit-or-your-business-is-next/

    “Cry havoc and let slip the DOGE of war!”

    Those who cheered as J-6 American prisoners were locked in solitary for 18 months without trial, now suddenly fight tooth and nail for foreign terrorists’ "due process". — Buck Sexton

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    • M Offline
      M Offline
      Mik
      wrote on 12 Jun 2023, 12:20 last edited by
      #2

      Assuming all this is factual, I hope they win.

      “I am fond of pigs. Dogs look up to us. Cats look down on us. Pigs treat us as equals.” ~Winston S. Churchill

      A 1 Reply Last reply 12 Jun 2023, 12:36
      • M Mik
        12 Jun 2023, 12:20

        Assuming all this is factual, I hope they win.

        A Offline
        A Offline
        Axtremus
        wrote on 12 Jun 2023, 12:36 last edited by
        #3

        @Mik said in The Merck Suit:

        Assuming all this is factual, ...

        It shouldn't be that hard to cite the actual portions of the law that taxes "186% of the drug’s revenues on Day 1 and is hiked daily until it reaches a ruinous 1,900% of revenues" ... not saying the author is wrong, but providing proper references can do a lot to let readers independently verify the claim.

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        • J Offline
          J Offline
          Jolly
          wrote on 12 Jun 2023, 12:41 last edited by
          #4

          It's a lawsuit. Go find it.

          “Cry havoc and let slip the DOGE of war!”

          Those who cheered as J-6 American prisoners were locked in solitary for 18 months without trial, now suddenly fight tooth and nail for foreign terrorists’ "due process". — Buck Sexton

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          • J Offline
            J Offline
            Jon
            wrote on 12 Jun 2023, 12:43 last edited by
            #5

            “Your business is next” is absurd.

            Merck was in a position where the government had to buy their product at whatever price Merck dictated.

            Now that’s going away for some drugs.

            No other business that I know of has such a privilege to be taken away “next”.

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            • J Offline
              J Offline
              Jon
              wrote on 13 Jun 2023, 14:14 last edited by
              #6

              I take back my comment. I didn’t read the piece because I was already familiar with the suit since I follow biotech pretty closely these days.

              The legislation does essentially prohibit (through punitive taxation) companies from choosing not to sell at the ‘negotiated’ price. And that is in fact different from how other countries who negotiate drug prices (i.e., all of them) operate.

              I do imagine they’ll be successful in elimination that provision under the takings clause. That will make the negotiations real negotiations.

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              • M Offline
                M Offline
                Mik
                wrote on 13 Jun 2023, 14:49 last edited by
                #7

                As it should be. Not coercion.

                “I am fond of pigs. Dogs look up to us. Cats look down on us. Pigs treat us as equals.” ~Winston S. Churchill

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                13 Jun 2023, 14:49


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