In Law360, White & Case Antitrust partner Kevin Adam provides insight into whether the Medicare drug price negotiation process, under the Inflation Reduction Act, is a true "negotiation" and what, if anything, can be learned from the first round of "negotiations" announced on August 15, 2024.
"Here on the pharma side, given the incentives and the fines and across-the-board impact on all drugs not being able to be covered by Medicare, it really becomes a take-it-or-leave-it scenario for the pharma companies," said Adam.
He added that given that the government only announced the discounts relative to the list prices of drugs, it "makes it really difficult to know how significant some of these discounts actually were, because the list price reductions are less meaningful when looking at a group of drugs that are already highly rebated."
See the full Law360 article here.
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