Astellas Has Moved To Dismiss — In Its Own HHS / CMS Suit — Since None Of Its Meds Are Subject To Mandatory Price Negotiations.

There is literally no plausible basis to complain of a “harm” — in government price negotiations, when one’s drugs are not even being listed to be part of the “negotiations process”. None.

Clearly, Astellas got way out over its skis, on this one. [I might also opine that there is likewise no harm, in a free market economy like ours, in being told one must negotiate in good faith, on price, with an admittedly large purchaser.]

And, as we’ve long said, there is no constitutional right to force the government to buy one’s monopoly product, at one’s most preferred price. [Do take note, here Merck — breaking open the US patent vaults / cabinets, and then these government buyers… making some for themselves (i.e., declaring a humanitarian emergency), is within the federal agency powers, on older but still very high priced — and life saving meds. Like the ten on the current interation of the list.]

In any event, Astellas (quite wisely) has withdrawn its strike suit.

Astellas realized that it ought to, before the federal purchasing agencies seek — and win — awards of their own attorneys’ fees, for having to defend what is a patently frivolous federal lawsuit (with what are taxpayer funds, at least at the moment).

Onward, smiling. . . in time, this will be the outcome on all of them, Condor predicts… [sure — it is possible that in some 2025 or 2026 round, an Astellas drug will be placed on the list, but by then… Merck will have already lost].

नमस्ते