White Guide and Orange Guide Formatting Project - Pfizer

Pricing Considerations
Orange Guide – Chapter 19: Sales Activities: Greenstone and Pfizer Injectables
Any amount of money or items of value given to a customer, no matter how small, may implicate
pricing considerations. Any donation, funding or sponsorship to a customer could be considered to be a
“discount.” A discount offered to one customer may have to be offered to other customers.
The Robinson-Patman Act prohibits a seller from discriminating among its commercial customers with
respect to price, or promotional allowances or services, in certain circumstances. “Price” in this
situation means transactional, or net, prices, taking into account discounts, rebates, prompt payment
terms, and other factors affecting price.
The government’s increased role as a purchaser of prescription medicines in the past few years has
heightened its attention to enforcement of the laws and regulations concerning the Medicaid Drug
Rebate Program. Under the law, manufacturers have certain reporting responsibilities and are required
to provide the federal government with a rebate for each unit of product paid for by State Medicaid
agencies.
Please review the Overview and Key Principles Chapter and Orange Guide Chapter 2: Detailing to HCPs
for information on the Medicaid Best Price Law and the False Claims Act, as well as the Corporate
Policy on Compliance with Antitrust Laws.
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