Reference Pricing Clauses In US COVID-19 Contracts Leave Drug Industry Vulnerable

Innovation and price controls can coexist in the United States, COVID-19 contracts show. But drug pricing experts also acknowledge the unique circumstances of COVID-19 could make such contracts hard to replicate and argue that reference-pricing strategies may have limited ability to lower prices.

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COVID-19 vaccine contracts contain international reference pricing clauses • Source: Shutterstock

At least three pharmaceutical companies agreed to reference pricing language in US contracts for COVID-19 vaccines, with one company even accepting language that could give the government unilateral discretion to “determine a fair and reasonable price.”

Such contract clauses weaken some of the drug industry’s core arguments against the use of reference pricing and price controls, health economists told the Pink Sheet, because they highlight that industry can

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