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In brief

The recently published OECD survey involving 43 member countries found that less than half of the countries require the publication of drug list prices, while the remaining countries are affected by legal and/or contractual constraints that prevent the publication of drug price information.


Key takeaways

More specifically, said survey showed the following results: (a) 9 out of 43 countries report the presence of domestic legal provisions that prohibit or otherwise significantly restrict public disclosure of net drug price information; (b) 6 out of 43 countries report of barriers to transparency caused by legal constraints that prevent the sharing of drug prices; (c) 32 out of 43 countries report the existence of contractual clauses that restrict the sharing of drug price information; (d) all 43 countries surveyed report a keen interest in obtaining information on prices paid for drugs, and this is both to guide price negotiations and to regulate external reference pricing and joint procurement initiatives; (e) only 20 out of 43 countries impose the publication of list prices.

Despite the international community’s apparent strong interest in transparency, the results of said survey reflect significant barriers to achieving this goal.

Author

Roberto Cursano has been a lawyer in Baker McKenzie since September 2007. He focuses on healthcare law and compliance, and assists in tender procedures, the negotiation of public contracts and litigation before administrative courts. Mr. Cursano is a former administrative officer in the Italian Ministry of Health and helps clients work closely with the Italian Public Administration. He is admitted to the bar before the Italian Supreme Court and the Council of State. As well as training and tutoring in the master’s degree program on clinical trials of pharmaceutical products at the University of Rome Sapienza, Mr. Cursano regularly publishes articles and scientific contributions. He also frequently hosts and participates in seminars and presentations on pharmaceutical and administrative law matters.

Author

Francesca R. Baratta is an Associate in Baker McKenzie Rome office.

Author

Riccardo Ovidi is an Associate in Baker McKenzie Rome office.