The Bundessozialgericht (BSG; Federal Social Court) have overturned 2017’s judgement of the Landessozialgericht Berlin-Brandenburg (Berlin-Brandenburg State Social Court) which established that mixed pricing was not legal. The BSG have now determined the result of two cases, deciding that mixed pricing is legal, taking into account that products may have much greater effect in certain populations, justifying a higher price.
According to sources, “almost 60% of medicines that undergo early benefit assessment in Germany” can be described as having levels of additional benefit that change according to which subpopulation is studied, so mixed pricing could affect the majority of products on the market.
“The pharmaceutical industry was understandably cheered by the news that mixed prices will continue and the BSG’s remarks regarding the freedom of the arbitration service to deviate from GBA decisions. Drug manufacturers certainly hope the court’s judgement will empower the arbitration service to set rebated prices at levels that do not prompt companies to withdraw drugs from the German market on financial grounds.”