Austria’s drug-price dispute asks whether public spending can remain a trade secret

Listed prices made it possible to estimate Austria’s expenditure on Keytruda, but not to establish the negotiated prices paid by public hospitals. Confidentiality clauses concealed those figures, including from the federal health authority, according to ICIJ’s reporting.

Journalists challenged refusals under Austria’s new information law. Some regional courts ordered disclosure; others limited or rejected requests. Merck appealed to the Constitutional Court, arguing that disclosure threatened commercial interests. Hospital operators also argued that publicity could weaken bargaining.

As of the July report, the dispute was unresolved. It exposes a difficult procurement question: secrecy may be defended as a way to secure discounts, while also preventing the public from comparing the outcomes of negotiations conducted with public money.