PMPRB Reconsiders And Issues New Decision On Quadracel® And Pentacel®

The PMPRB released its June 14, 2012 decision relating to Sanofi Pasteur's vaccines QUADRACEL and PENTACEL. Following reconsideration, it opted to issue an order for the identical amounts as were found to be owing under its previous order that the Federal Court of Canada had declared a nullity.

This is the next chapter following the Federal Court's July 12, 2011 decision (Sanofi Pasteur Limited v. Attorney General of Canada 2011 FC 859 (T-83-10)) ("Sanofi") (http://decisions.fct-cf.gc.ca/en/2011/2011fc859/2011fc859.html) that declared a decision of the Patented Medicine Prices Review Board ("Board") to be null and void. It required the Board to return amounts paid by Sanofi Pasteur pursuant to the Board's order, and directed the matter back for reconsideration.

Upon reconsideration, the Board Panel stated that it had jurisdiction to make an order that did not fully offset the excessive revenues (s.83(2) uses the word "may" in addressing the powers of the Board when excessive pricing is found). However, absent special circumstances, the remedy should fully offset the excess revenues calculated by the Board Panel. In the absence of special circumstances, the choice is among the methods of offsetting the revenues and not about whether there are reasons not to make a remedial order or to adjust the dollar amount. Special circumstances were not present in this case and therefore the entire amount of excess revenues was to be repaid.

The Board Panel...