VPAG dispute resolution panel, February 2025: DHSC and B. Braun
A decision from the VPAG dispute resolution panel that the sales of a branded medicine by B. Braun Medical Ltd did not meet the definition of an ECP.
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The VPAG dispute resolution panel operates under the 2024 voluntary scheme for branded medicines pricing, access and growth (VPAG), to consider and provide reasoned decisions for disputes under the 2024, 2019, 2014, 2009, 2008 and 2005 schemes.
This dispute between B. Braun Ltd and the Department of Health and Social Care (DHSC) concerns the correct classification of off-contract sales of a branded medicine during the COVID-19 pandemic period of 2021 to 2022. The issue was whether sales fell within the exceptional central procurement exemption (the ‘ECP exemption’), as defined in the 2019 voluntary scheme for branded medicines pricing and access (VPAS), and thus whether they fell outside the scope of the VPAS payment rebate mechanism.