Austria's Constitutional Court to review secret price of costly cancer drug Keytruda

The price of Keytruda, Austria's costliest prescription drug, is now a matter for the Constitutional Court. The cancer medication, which generates the highest revenue for pharmaceuticals in Austria, has a price shrouded in secrecy. This confidentiality is enforced by the pharmaceutical giant MSD through strict clauses. The situation is complicated by Austria's federal system, where federal states are responsible for healthcare in hospitals. Consequently, even the Austrian Health Ministry does not know the drug's actual cost.

The legal battle over Keytruda's price has escalated after "Der Standard" and "Profil" initiated proceedings to have the price revealed. The courts have issued conflicting rulings on whether the price should be made public. This divergence in judicial opinion has led the case to the Constitutional Court (VfGH), which will now decide the matter. The secrecy surrounding the drug's cost raises questions about transparency in healthcare pricing, particularly for a medication that is crucial for treating cancer patients.