Merck Can’t Sue Over Drug Pricing Plan, HHS Tells Court (1)

The Biden administration is urging a federal court to rule in its favor in a legal battle with Merck & Co. Inc. over a plan to lower Medicare drug prices that has drawn the ire of the broader pharmaceutical industry, claiming the drugmaker misunderstands the law and isn’t in a position to sue.

In a Monday filing with the US District Court for the District of Columbia, the Health and Human Services Department argued that Merck “merely markets” the antidiabetic drug Januvia, one of the 10 drugs Medicare has selected for pricing negotiations, and “is not the proper plaintiff.” Instead, ...