DOJ, US Chamber lay out debate over drug price negotiation litigation in Ohio court

Lawyers from the De­part­ment of Jus­tice and US Cham­ber of Com­merce bat­tled be­fore an Ohio dis­trict court judge over whether the Cham­ber’s law­suit over the new drug price ne­go­ti­a­tions should be dis­missed, and whether CMS’ ne­go­ti­a­tion of drug prices is re­al­ly a ne­go­ti­a­tion.

On the DOJ’s side, se­nior tri­al coun­sel Stephen Pezzi told the court Fri­day that the US Cham­ber’s case should be dis­missed on stand­ing, par­tic­u­lar­ly as it’s Ab­b­Vie’s sub­sidiary Phar­ma­cyclics that is the pri­ma­ry man­u­fac­tur­er of Im­bru­vi­ca — one of 10 drugs re­cent­ly se­lect­ed for ne­go­ti­a­tions — and Phar­ma­cyclics should be the one un­der which the Cham­ber’s suit should’ve been filed, not Ab­b­Vie.

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