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The DC Code: § 28-4554 Burden of proof; determination of excessive pricing.

Index28 Commercial Instruments and Transactions. (Refs & Annos)
A prima facie case of excessive pricing shall be established where the wholesale price of a patented prescription drug in the District is over 30% higher than the comparable price in any high income country in which the product is protected by patents or other exclusive marketing rights.
Where a prima facie case of excessive pricing is shown, the burdens of providing evidence and of proving by a preponderance of the evidence shall shift to the defendant to show that a given prescription drug is not excessively priced given demonstrated costs of invention, development and production of the prescription drug, global sales and profits to date, consideration of any government funded research that supported the development of the drug, and the impact of price on access to the prescription drug by residents and the government of the District of Columbia.

Historical and Statutory

Legislative History of Laws For Law 16-37, see notes following § 28-4551. DC CODE § 28-4554 Current through December 11, 2012


(Dec. 10, 2005, D.C. Law 16-37, § 2, 52 DCR 9061.) GENERAL NOTES This chapter has been held unconstitutional in the case of Pharmaceutical Research and Mfrs. of America v. District of Columbia, 2005, 406 F.Supp.2d 56, 78 U.S.P.Q.2d 1822, affirmed 496 F.3d 1362, 83 U.S.P.Q.2d 1639, rehearing and rehearing en banc denied 505 F.3d 1343, 85 U.S.P.Q.2d 1144.