It’s not a negotiation if the law dictates that you have to sign and that you are forced to accept a significant discount, which seems to be the core of the case:

> once HHS unilaterally selects a drug for inclusion in the program, its manufacturer is compelled to sign an ‘agreement’ promising to sell the drug to Medicare beneficiaries at whatever ‘fair’ price the agency dictates, which must represent at least a 25% to 60% discount,” the complaint says, calling it “tantamount to extortion.”