Pharmaceutical Company Successfully Appealed against the Way Therapeutic Cross Comparison Was Performed
23. November 2020 – In a recent decision (C-610/2018 of 12 October 2020) concerning the three-yearly price review, the Federal Administrative Court held that it was not able to confirm the therapeutic cross comparison (TCC), since neither the previous files nor the statements of the lower instance showed how the lower instance converted the equivalences it had stated into daily therapy costs. Furthermore, it held that a TCC based solely on the NICE-guidelines proves to be inadequate and the case should therefore be referred back to the lower instance. The Federal Administrative Court has thus upheld the appeal.
For the full decision, see here.