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U.S. Opens Section 301 Probe Into Germany's Drug Pricing

The inquiry seeks to determine whether German reimbursement rules unfairly depress payments for innovative medicines, potentially paving the way for tariffs or other trade remedies.

Overview

  • The U.S. Trade Representative announced a formal Section 301 investigation on June 18 that will accept written comments starting June 25 and hold a public hearing in September to examine German pharmaceutical pricing practices.
  • USTR Jamieson Greer said the probe targets what Washington calls “persistent underpayment” for innovative drugs and will test whether those practices are unreasonable or discriminatory and burden U.S. commerce.
  • The USTR's filing says lower German prices have reduced revenue for new medicines and appear to contribute to weaker global pharmaceutical R&D, shifting a disproportionate share of research costs to U.S. patients and firms.
  • The review follows Germany's proposed April healthcare reforms to cut insurer drug spending, a move that prompted industry warnings and led Eli Lilly to halve a planned €2.3 billion investment in Alzey while Germany’s health minister said higher prices would be hard to afford.
  • The investigation forms part of a broader 2026 push by U.S. trade officials to use Section 301 for disputes; if violations are found the USTR could recommend tariffs or other restrictions, creating economic risk for German and EU drug exporters and uncertainty for patients and investors.