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PJ Online homeThe Pharmaceutical Journal
Vol 273 No 7320 p507
9 October 2004

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OFT says Drug Tariff may impede competition

Competition may be impeded by the Drug Tariff, the Office of Fair Trading says.

Section IX of the Drug Tariff (appliances) has been used by the OFT as one of a number of a case studies in a review of the impact of public sector procurement policies on competition. The review says that the tariff is likely to affect competition in three ways: restricting price competition, hindering the acceptance of new products and distorting distribution patterns.

Price competition could be reduced, the OFT says, because there is no competitive tendering process for the inclusion of products in the tariff. Further, once they are listed, products are prescribed according to individual clinical need rather than price.

Acceptance of new products is hindered, it says, because it is easier for similar products to get a listing after an innovative product has been put on the tariff than it is for the original product to be accepted in the first place. The report gives as an example a coated catheter that took six years to be included, yet a second near-identical product took only six months.

The OFT adds that distribution may be distorted because the different remuneration systems for pharmacy and appliance contractors give appliance contractors a financial advantage.

The OFT is currently considering, in the light of other procurement reviews, what its next steps should be. It will discuss the reviews with other Government departments, and with the Treasury-based Office of Government Commerce in particular, before deciding what action, if any, it should take. The OFT expects to announce its decision early next year.

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