Federal Administrative Court, Decision C-6092/2018 of 13 October 2020
29 October 2020 – In a recent decision, the Federal Administrative Court held again that equally effective but disproportionately expensive pharmaceuticals can be excluded from therapeutic cross-comparisons in order to prevent price levels from remaining high. In the same decision, the Federal Administrative Court held that efficacy as such is not a criteria for the selection of reference products. Rather, reference products must, on the basis of the professional information, represent a therapeutic alternative for the treatment of a specific disease. In the present case, the Court concluded that the therapeutic cross-comparison was not objectionable and dismissed the appeal.
For the full decision, see here.