The White House is proposing to make Most Favored Nation (MFN) drug pricing permanent law, a move the industry calls "terrible and unmanageable." The industry's strategy relies on key Congressional committees to block the legislation, viewing them as a firewall against the administration's policy.
Initial panic over the MFN drug pricing scheme was based on pegging U.S. prices to the lowest in the industrialized world. The actual proposal is far less drastic, targeting the second-lowest price among a small cohort of high-income nations (G7 plus Denmark and Switzerland), a significantly less onerous benchmark.
The administration is leveraging the U.S.'s market power to demand "most favored nation" pricing from pharmaceutical companies. This forces them to offer drugs at the lowest price available in any other developed nation, slashing costs for American consumers.
While MFN pricing is seen as a major threat, it could have an unexpected positive effect. It would force companies launching new drugs to establish a GDP-adjusted global price from the start, ending the current system where the U.S. effectively subsidizes lower prices elsewhere.
By voluntarily agreeing to a watered-down version of a 'most favored nation' pricing system, pharmaceutical companies have inadvertently set a precedent. This makes it harder for them to argue against more stringent, codified pricing regulations from future administrations, as they can no longer claim it's a 'red line' they cannot cross.
By forcing disclosure of the lowest net price, MFN could dismantle the system of confidential rebates. This is a problem for payers (health plans, PBMs) who use their ability to negotiate superior, secret rebates as a key competitive advantage. A transparent system creates a level playing field, eroding this value proposition.
To achieve Most Favored Nation (MFN) drug pricing, the administration paired HHS negotiators with the Commerce Secretary. While one team negotiated terms, the Commerce Secretary acted as the "hammer," holding a credible threat of crippling tariffs over pharmaceutical companies that primarily manufacture overseas. This forced compliance.
The Most Favored Nation (MFN) policy forces a difficult choice: launch early in Europe and risk a lower US reference price, or delay the European launch to protect US revenue, slowing patient access. This dilemma upends traditional global launch strategies, creating commercial, ethical, and operational problems for pharma companies.
CEOs are in an awkward position, supporting the administration in public but asking Congress not to codify the Most Favored Nation drug pricing policy. They fear legislation would create a permanent, stricter, and more broadly applied version than their private deals with the White House.
The Most Favored Nation (MFN) policy was strategically designed to be disruptive. The aim was less about implementing a specific pricing framework and more about forcing the pharmaceutical industry to change its behavior, re-evaluate global strategies, and engage in new types of negotiations, which has already proven effective.
New "voluntary" CMS programs, like BALANCE for obesity drugs, are creating a framework for Most Favored Nation (MFN) style pricing in the US. They allow manufacturers to trade lower, internationally-referenced prices for higher volumes, fundamentally altering the US pricing landscape from the inside out.