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Sanofi still awaiting judgment

Posted 12 September 2019

The long-awaited reserved judgment in the Commonwealth's case against Sanofi is still to emerge despite approaching its two-year anniversary.

The Federal Court's Justice John Nicholas reserved his judgment on whether Sanofi will be forced to repay the government PBS benefits 'lost' on blood thinner Plavix in September 2017.

Two years later, the decision has not been published, while predictions outlined by Sanofi have been pushed back to December 2019 in its most recent financial report.  

While the end of that guideline is three months away, the company told Pharma in Focus these expectations were still the same.  

"The guidance provided in Sanofi's 2019 Half Year Financial Report hasn't changed," a spokesperson for the company said. 

Sanofi was forced to extend its guideline for a decision when the Federal Court did not release any outcome in the first half of 2019, when it initially expected a judgment.

The Commonwealth is seeking damages claiming it lost money when it had to pay a higher price for originator Plavix while a court-ordered injunction against generic rivals was in place.

It is seeking maximum damages of up to $449 million to be split between Sanofi and BMS, which licensed the drug to Sanofi in Australia. 

Yajun Ma

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