Aim The analysis investigates the arbitral awards of the last ten years with regards to the characteristics of pharmaceuticals, contractual details and decisions of the arbitration board.
Method Arbitral awards until end of 2020 were considered for the analysis. Data were gathered from the arbitral awards, the corresponding G-BA resolutions and the Lauer-Taxe.
Results Nearly 50 % of the arbitral awards were based on an additional benefit. Besides the reimbursement price the duration of the contract, sales volume and redemption of the manufacturer’s discount were most commonly set by the arbitration board. Rebates set by the arbitration board seem to be higher than overall AMNOG rebates and appear to vary depending on the extent of the additional benefit.
Conclusion While the arbitral awards show a strong variability and individuality a few patterns can be identified.
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