SL Insight Newsletter #31

Cost Containment Package 2 (CCP2) strengthens the confidentiality of net prices on the Specialty List. The logic behind this is clear: by shielding the actual transaction price from international reference price mechanisms, a company reduces its MFN exposure.

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Is this protection effective?

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However, for companies with existing MFN obligations, this instrument addresses the wrong exposure: the exposure does not arise from referencing, but from the manufacturer’s own contractual obligation to report its prices. This Swiss protection is therefore ineffective against contractual MFN obligations.

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