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GlaxoSmithKline successful before the PPRS Dispute Resolution Panel

03/08/11

GlaxoSmithKline v Department of Health

The Dispute Resolution Panel of the Pharmaceutical Price Regulation Scheme, a scheme regulating the prices at which pharmaceuticals may be supplied to the Department of Health, has held that products purchased by the Department of Health for the purpose of creating or maintaining stockpiles fall within the general provisions of the scheme. Price reductions on products intended for use in stockpiles therefore count towards a Scheme Member's overall price reduction obligations. The Department of Health had argued that such purchases were "special" and that the Scheme must allow "an inherent flexibility", but the Panel held that on the facts there was no basis for departing from the clear terms of the Scheme.

The judgment is here.

Edward Harrison acted for GlaxoSmithKline.