Federal Administrative Court, Decision C-6087/2018 of 6 May 2020

26. September 2020 – In a recent decision, the Federal Administrative Court held that an adequate comparison of two medicines is only possible if the price impact is neutralised and a package size without price impact is used for the therapeutic cross comparison. Since an adequate comparison with the smallest package of the drugs to be compared was possible in the present case, there was no room for an exception. The appeal was dismissed. The decision was then appealed to the Swiss Federal Supreme Court. For the full decision, see: https://jurispub.admin.ch/publiws/download?decisionId=3761c9c8-feaf-4ac0-bee1-eac82b86db9c.