The PMPRB: Controversy And Suspense

The Patented Medicines Prices Review Board (PMPRB) has seemingly courted controversy over the last six years. Through its pricing decisions and proposed regulatory amendments, the PMPRB took steps to expand its jurisdiction beyond its statutory domain. In response, the Federal and Quebec Courts of Appeal reigned in the PMPRB, confirming that its role is not "consumer protection" or "reasonable pricing;" rather it is "excessive pricing" as prescribed by the Patent Act. This article discusses recent legal controversies and the impending PMPRB Guidelines and policy.

Federal Court of Appeal reigns in PMPRB mandate

In 2017, the PMPRB determined that Alexion's SOLIRIS was priced excessively from 2009 to 2017. The PMPRB required Alexion to pay to the Government $4.2M in excessive revenues. This finding was based on the fact that the list price of SOLIRIS was higher than the lowest price in one of the seven international comparator countries. It was the first time the