Abstract
In the previous chapter, we elaborated on the design of the 2013 DPCO and the procedure used for fixing ceiling prices under the newly-adopted market-based approach. Although it may appear relatively simple, the determination of the ceiling prices is associated with multiple challenges related to data availability, data selection, data collection, and data analysis. The lack of sufficient data and the use of inaccurate data can result in a miscalculation of the ceiling prices and create confusion among pharmaceutical companies, NGOs, and consumers, and lead to several legal disputes. The effectiveness of the 2013 DPCO will be judged based not only on the extent to which prices of essential medicines decline but also by comparing the ceiling prices resulting from the market-based approach with those that would result from using a cost-based approach. Soon after the implementation of the 2013 DPCO, some industry observers argued that the ceiling prices set by the NPPA were much higher relative to those resulting from a cost-based pricing mechanism that was previously in place. They noted that the new policy “institutionalized the super profits” (Alexander 2013a). The profit margins under the new price ceilings were estimated to be over 1000% in some cases. Moreover, the NGOs blamed the government for not sharing the data it collects from IMS and for not collecting its own data and corroborating them with other alternative sources. Are the criticisms of the 2013 DPCO design and implementation valid? In this chapter, we take a quantitative approach to examining the challenges that arose in determining the ceiling prices based on the new design and in implementing the 2013 DPCO. We begin by documenting the cases in which the pharmaceutical firms contested the NPPA’s calculations and then present analyses to characterize the nature and extent of such disputes.
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Notes
- 1.
The NPPA’s worksheet displaying their calculations for determining the ceiling price is available online at: http://www.nppaindia.nic.in/ceiling/press14june13/workingsheet-14-6-13.html
- 2.
References
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Shankar, R. (2016f, September 12). DoP directs NPPA to re-fix ceiling price of ‘Coagulation Factor VIII’. PharmaBiz.com
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Shankar, R. (2016h, September 27). DoP directs NPPA to revise ceiling prices of “Paclitaxel injection, Carboplatin & Cisplatin” strictly as per para 4 of DPCO 2013. PharmaBiz.com
Shankar, R. (2016i, October 24). DoP quashes ceiling price of levoflexacin 500 mg by NPPA; directs to refix ceiling price as per DPCO. PharmaBiz.com
Shankar, R. (2016j, May 16). NPPA asks retailers not to return stocks if manufacturers provide current price list as per revised notified prices of drugs. PharmaBiz.com
Shankar, R. (2017a, February 6). DoP directs NPPA to re-fix retail price of teneligliptin 20 mg + metformin 1000 mg ER tablets. PharmaBiz.com
Shankar, R. (2017b, September 21). DoP asks NPPA to re-fix ceiling price of co-trimoxazole tablet after examining documentary proof submitted by Cadila Healthcare. PharmaBiz.com
Shankar, R. (2017c, May 3). DoP asks NPPA to refix prices of “Methotrexate 2.5 mg, 7.5 mg and 10 mg tabs” by considering only 8 formulations with SKU-wise MAT of more than 1% market share. PharmaBiz.com
Shankar, R. (2017d, October 3). DoP asks NPPA to take expert committee’s opinion for fixing ceiling price of methylprednisolone Inj 40 mg/ml. PharmaBiz.com
Shankar, R. (2017e, August 14). DoP directs NPPA to re-fix ceiling price of N-acetylcyseine 200 mg sachet. PharmaBiz.com
Shankar, R. (2017f, January 5). DoP directs NPPA to re-fix ceiling price of ondansetron 2 mg/ml injectables. PharmaBiz.com
Shankar, R. (2017g, June 1). DoP directs NPPA to re-fix ceiling price of Ranitidine 25 mg/ml. PharmaBiz.com
Shankar, R. (2017h, September 18). DoP directs NPPA to re-fix ceiling prices of clomiphene 100 mg and 50 mg tablets. PharmaBiz.com
Shankar, R. (2017i, August 31). DoP directs NPPA to re-fix the ceiling price of Furosemide injection. PharmaBiz.com
Shankar, R. (2017j, January 12). DoP directs NPPA to revise ceiling price of formulation methyldopa 500 mg tablet as per para 4(1) and para 6 of DPCO, 2013. PharmaBiz.com
Shankar, R. (2017k, November 11). DoP directs NPPA to take expert panel’s opinion on separate ceiling prices based on pack sizes of methylprednisole injection. PharmaBiz.com
Shankar, R. (2017l, January 4). NPPA fails to fix ceiling prices of coronary stents due to insufficient data. PharmaBiz.com
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Bhaskarabhatla, A. (2018). Challenges with Fixing the Ceiling Price Under the 2013 DPCO. In: Regulating Pharmaceutical Prices in India. India Studies in Business and Economics. Springer, Cham. https://doi.org/10.1007/978-3-319-93393-1_5
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