Switzerland’s transparency commissioner has recommended disclosure of documents covering confidential medicine rebates and price formation, reinforcing an existing legal challenge to secrecy just before Switzerland introduces stronger statutory protection for such arrangements.
The Federal Data Protection and Information Commissioner (Eidgenössischer Datenschutz- und Öffentlichkeitsbeauftragter, FDPIC) issued the recommendation on 28 July following a freedom-of-information request concerning a medicine subsequently removed from the Specialities List.
The Federal Office of Public Health (Bundesamt für Gesundheit, FOPH) and the manufacturer had sought to redact information on the confidential rebate arrangement, price calculations and other commercial material. FDPIC found that they had not demonstrated the concrete and substantial competitive harm required to establish commercial secrecy. It emphasised that reimbursed medicine prices arise in a state-controlled market and recommended full disclosure apart from certain personal data.
The recommendation reiterates FDPIC’s earlier position rather than establishing a new doctrine. Its timing is nevertheless significant. Parliament has already amended the Federal Health Insurance Act to create specific statutory confidentiality for rebate information, after the government concluded that existing freedom-of-information exemptions did not reliably protect confidential net prices. Implementation is expected with the wider medicines reforms.
US Most-Favoured-Nation (MFN) policy adds a new dimension. The US framework explicitly uses prices net of rebates and other concessions, and Switzerland is one of eight reference countries. Manufacturers will report international net prices to the US authorities.
The Federal Council said in June that it did not know whether manufacturers were disclosing confidential Swiss prices to the US. It added that, if they were, Switzerland would reconsider how such prices should be protected. The July recommendation therefore highlights a widening tension between domestic transparency, confidential pricing and the international consequences of exposing Swiss net prices.
Source: Federal Data Protection and Information Commissioner
Link: Empfehlung vom 28. Juli 2026: BAG / Preismodelle und Streichung aus der Spezialitätenliste (Recommendation of 28 July 2026: FOPH / price models and removal from the Specialities List) FDPIC recommendation
Date: 28 July 2026
Source: Swiss Federal Council
Link: Vertrauliche Preismodelle zum Nachteil der Schweiz (Confidential price models to Switzerland’s disadvantage) Federal Council response
Date: 2 June 2026
Source: The White House
Link: Savings from Most-Favored-Nation Drug Pricing Policy White House MFN policy paper
Date: 5 May 2026
