EPLAW PATENT BLOG

NL – Pfizer v. Dutch Minister of Health / First and Second medical indication – Pricing

Posted: August 8th, 2017

Pfizer v. Dutch Minister of Health, Dutch Trade and Industry Appeals Tribunal (CBb), 7 July 2017, Case No. ECLI:NL:CBB:2017:249

Law on Pricing of Medicines. The Dutch Minister of Health sets maximum prices for medicines based on the prices of medicines in 4 reference states. In the current case, Pfizer appeals the pricing decision at the Dutch Trade and Industry Appeals Tribunal (CBb).

The CBb states that Pfizer rightfully states that respecting the rights of patent holders is the basis of the Law on Pricing of Medicines and that only those prices of generic medicines that are (after the expiration of a patent) legally marketed in reference states should be taken into account.

The defendant according to the CBb in its decision did not take into account the special circumstances of the current situation, where the generic copies of Lyrica in the reference states may only be marketed for the first medical indications (epilepsy and anxiety disorder), but not for the second medical indication (neuropathic pain).

The CBb rules that defendant should not have based the maximum price for the second medical indication (pain) on the prices of generic copies in the reference states that only may be marketed for the first medical indication.

The appeal is grounded and the decision setting maximum prices is revoked.

A copy of the decision can be read here.

Leave a Reply