1204 MFN lawsuit
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Politics, Policy & Law

Trade groups move to derail rule that would tie drug prices with those in other countries

Lawsuits filed by BIO, PhRMA attack the ‘Most Favored Nation’ policy on procedural and constitutional ground

With $85 billion in revenues for 50 drugs over a decade at stake, lawsuits filed by BIO and PhRMA attack the Trump administration policy on procedural and constitutional grounds.

Dec 4, 2020 | 10:04 PM GMT

The biopharmaceutical industry has filed legal challenges that it hopes will kill the Trump administration’s “Most Favored Nation” drug pricing policy, or at least delay implementation long enough for the Biden administration to set it aside.

Separate lawsuits filed by BIO and PhRMA, and joined by state life sciences trade associations, hospital and patient groups, attack the MFN policy on procedural and constitutional grounds, but the concerns are substantive. By capping Medicare Part B prices at the lowest price paid by any developed country, the MFN policy would vaporize $85 billion in revenues for 50 drugs over a decade and remove

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