Commonwealth v. TAP Pharmaceutical Products, Inc.

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

Justice SAYLOR.

This case is among a number of civil actions brought by state attorneys general against pharmaceutical companies nationwide challenging the propriety of prescription drug pricing, in particular, as it impacts third-party reimbursement for brand-name drug purchases subsidized by government social welfare programs. The Commonwealth has centered its claims upon alleged overpayments tied to the use of an industry benchmark figure known as “AWP” in government reimbursement for-muías. While many issues of concern have been raised about the…