Recent investigative reporting has given striking insights into the extraordinary levels of control Pfizer has successfully written into its contracts with a number of nations and the unprecedented market power and secrecy the firm now wields.
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22 These include controls over public announcements, prohibitions on nations redistributing supply between each other without Pfizer’s permission, transfer of legal risks from Pfizer to governments in the event of intellectual property infringements by Pfizer, and the use of private arbitration panels rather than public courts to settle disputes. Meanwhile, Moderna announced in November 2021 that European nations may now donate excess vaccines directly to COVAX, signalling that this was previously not permitted.
23 Pfizer and Moderna, in particular, hold enormous power in the global market for COVID‐19 vaccines.