Kirke M. Hasson , Colin T. Kemp , Pillsbury Winthrop Shaw Pittman LLP, San Francisco, CA, for Petitioner Merck & Co., Inc. f/d/b/a/ Schering-Plough Corporation. Frederick G. Herold , Dechert LLP, Mountain View, CA, for Petitioner SmithKline Beecham Corporation d/b/a GlaxoSmithKline.
Justice GINSBURG, Delivered the opinion of the Court.
Section 340B of the Public Health Services Act, 42 U.S.C.A. § 256b (Oct.2010 Supp.), imposes ceilings on prices drug manufacturers may charge for medications sold to specified health care facilities. Those facilities, here called "340B" or "covered" entities, include public hospitals and community health centers, many of them providers of safety-net services to the poor. The § 340B ceiling-price program...
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