Antitrust and Life Sciences Departments Joint Report | Joint Resolution No. 1/2020: health emergency – maximum prices for certain medicines
Dear Sir or Madam,
Joint Resolution No. 1/2020 of the Ministry of Health of Argentina (Ministerio de Salud de la Nación) together with the Domestic Trade Secretariat of the Argentine Ministry of Economy and Production (Secretaría de Comercio Interior del Ministerio de Desarrollo Productivo) (the “Resolution”), published in the Official Gazette on November 6th, 2020, establishes maximum prices for institutional sales to the health entities of the public, private and social security subsystems (the “Entities”), of certain medicines in the context of the health emergency declared by the National Congress and extended by the National Executive Power.
This executive summary lists the most relevant aspects of the Resolution:
• The medicines in respect to which the maximum prices are established according to the annex of the Resolution are Atracurium (50mg x 5ml ampoule), Pancuronium Bromide (4mg x 2ml ampoule), Fentanyl (0.25mg x 5ml ampoule), Midazolam (15mg x 3ml ampoule) and Propofol (200mg x 20ml ampoule).
• The term for which the Resolution sets the maximum prices for institutional sales to the Entities is 150 days.
• Producers, distributors, and other members of the supply chain may not establish sales prices to the Agencies higher than those provided for in said annex of the Resolution, excluding VAT.
• For those presentations of the active substances included in the annex of the Resolution that have not been listed therein, the maximum institutional sale price to the Entities may not exceed 40% of the public sale price published for that same presentation on the last business day of October 2020, excluding VAT.
• The companies that are part of the production, distribution, and supply chain of the medicines included in the annex of the Resolution, must increase their production to the maximum of their installed capacity and ensure their transport, distribution, and marketing throughout the country during the period of the health emergency.
• The companies that produce or manufacture the products listed in the annex, must report to the ANMAT and the Ministry of Health their maximum production capacity. Said report must be made through the Plataforma de Trámites a Distancia (TAD) within ten calendar days from the entry into force of the Resolution and must be updated periodically from the 1st to the 5th of each calendar month.
• Failure to comply with Resolution will be sanctioned in accordance with the provisions of Law No. 20,680.
• The Resolution will enter into force upon its publication in the Official Gazette (November 6th, 2020).
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