Despite growing pressure from politicians and the public regarding the prices of drugs in the United States, there has not been the corresponding uptick in drug-pricing litigation in recent years that some expected. In this article, the authors theorize why such claims are rare and unlikely to gain momentum in the future, highlighting the strong defenses pharmaceutical manufacturers have against challenges to the prices of their drugs.

The views expressed in this article are those of the authors and not of the U.S. Department of Justice or White & Case.