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Pharmaceutical wholesaler Phoenix has announced the introduction of a standardized cash discount system for all pharmacies that comply with the designated payment terms, regardless of their individual sales volumes. This initiative follows recent legislative changes concerning discount regulations in the pharmaceutical sector.
Previously, a ruling by the Federal Court of Justice in April 2024 stipulated that cash discounts (Skonti) should be treated in the same manner as rebates, thereby subjecting them to strict pricing regulations. In response, the government has revised the Drug Price Ordinance (AMPreisV), allowing for the continued provision of standard commercial cash discounts even if the fixed surcharge for wholesalers is affected. However, rebates remain restricted to the variable surcharge of 3.15 percent. The amended ordinance is pending publication in the Federal Law Gazette and is expected to become effective in the near future.
The new policy is designed to ensure fair and transparent conditions across the pharmacy sector. While larger and higher-volume pharmacies have historically been able to negotiate more favorable rebate conditions, Phoenix's new approach seeks to separate rebates from cash discounts. Under this policy, all pharmacies that meet the agreed-upon payment deadlines will qualify for the cash discount, regardless of their size or purchasing power. This aims to prevent market disparities and support smaller, independent pharmacies.
The exact rate of the cash discount has not yet been determined, but Phoenix has indicated that the mechanism will be based solely on adherence to payment terms. This move comes at a time when pharmacies have recently benefited from an increased fixed fee of nine euros, which is expected to ease some financial pressure within the sector.
Industry organizations, such as the Association of Pharmaceutical Wholesalers (Phagro), have advocated for clear regulatory frameworks to reduce interpretation disputes concerning discount practices. During the legislative process, Phagro proposed that the cash discount be directly linked to the interest advantage gained by pharmacies through early payment. However, this suggestion did not gain sufficient support in the Federal Council.
Stakeholders now await the formal enactment of the revised ordinance, which is anticipated to take place in the coming months. The new regulation is intended to provide both pharmacies and wholesalers with a balanced, transparent, and predictable environment, promoting liquidity for pharmacies and economic stability for wholesalers.
The latest developments reflect ongoing efforts within Germany's pharmaceutical distribution sector to adapt to evolving legal and economic conditions, ensuring the sustainability and competitiveness of both large and small market participants.
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