Correspondence: Alexander Natz, Anwaltskanzlei Sträter Kronprinzenstrae 20 Bonn 53173, Germany. Tel: +49 228 9 34 54 0; Fax: +49 228 9 34 54 54; E-mail: natz@kanzleistraeter.de Web: www.KanzleiStraeter.de

¹is a lawyer at the law firm Sträter in Bonn, Germany. In his doctoral thesis and as a research assistant at Duke University in the US, he focused on international aspects of pharmaceutical law. Prior to joining the law firm Sträter in March 2006, he served as a legal counsel in the pharmaceutical industry.

Received 14 November 2007; Revised 14 November 2007; Published online 18 December 2007.

Abstract

This paper provides an overview on the current developments in the German healthcare market. Rebate contracts between pharmaceutical companies and statutory health insurers (SHIs) have proven to be an effective cost containment measure. Increased price pressure in the generic market has led to significant changes in market shares within months. While international companies with broad product portfolios successfully used this instrument to enter the German market, small- and medium-sized enterprises with a narrow product spectrum often saw a decrease in market share. Moreover, the instrument of rebate contracts replaces early entry strategies and might increase profits via portfolio contracts. An overview is given on the new legislation with respect to prescribers and pharmacists together with a look at the framework of public procurement law. Strategic options for generic companies are presented in the context of this legal framework. In addition, considerations that pharmaceutical companies should take into account before negotiating rebate contracts with SHIs are highlighted.