Net price and confidentiality: A key challenge in the pharmaceutical industry

In Italy, as in other European health care systems, the price of a medicine is not limited to the figure published in official documents, but also encompasses the net price resulting from confidential discounts, rebates, and managed entry agreements negotiated between the marketing authorization holder and the public payor. This structure has historically allowed Italy to balance access to innovation with effective pharmaceutical budget control. However, this equilibrium is now facing increasing pressure.

The Italian pricing and reimbursement framework is characterized by a clear distinction between public and confidential elements. The Italian Medicines Agency (AIFA) publishes in its reimbursement resolutions the ex-factory price and the public price. By contrast, the economic substance of the agreements – such as mandatory discounts, payback mechanisms, price-volume agreements, and outcome-based schemes – remain confidential. Crucially, this confidentiality is not set forth by the law; instead, it is established through contractual clauses negotiated on a case-by-case basis between AIFA and manufacturers, which is subsequently implemented via regional tenders and hospital supply arrangements.

Nevertheless, confidential information may be accessible or subject to leakage due to transparency requirements, such as in the context of public procurement procedures.

Beyond these domestic dynamics, the international environment is also evolving in a way that increases pressure to eliminate confidentiality. Notably, the U.S. government initiative launched with Executive Order 14297, "Delivering Most Favored Nation Prescription Drug Pricing to American Patients," seeks to reduce prescription drug costs by directing U.S. federal agencies to link U.S. prices to those paid for the same medicines in a group of other developed countries.

This development has created structural tension, as national contracts cannot prevent foreign authorities from seeking or requiring price disclosure as a condition for market access in their jurisdictions.

The practical risk is evident: if confidential net prices negotiated in Italy become accessible elsewhere, then the incentives to offer substantial rebates or other price-related mechanisms diminish. This could result in higher effective prices, delayed product launches, or more restrictive access conditions.

For pharmaceutical companies, net price confidentiality can no longer be presumed. This issue is likely to become a central topic of policy and industry debate in the coming years, with its evolution largely depending on the balance struck between demands for transparency and institutional coordination – at both national and international levels.

Authors

Christian Di Mauro

Partner Litigation, Arbitration, and Employment Milan

Chiara Perolari

Senior Associate Global Regulatory Milan

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