Merck & Co., Inc. v. Becerra

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA MERCK & CO., INC. and MERCK SHARP & DOHME LLC, Plaintiffs, v. Civil Action No. 23-1615 (CKK) ROBERT F. KENNEDY, JR., in his official capacity as Secretary of the Department of Health and Human Services, et al., Defendants. MEMORANDUM OPINION (August 24, 2026) Created in 2003, Medicare Part D is a voluntary prescription drug benefit program for Medicare beneficiaries administered by the Centers for Medicare and Medicaid Services (“CMS”). Congress initially prevented CMS from using its market share to negotiate lower prices for the drugs…