Comparability in the Pharmaceutical Industry for Transfer Pricing Purposes

The pharmaceutical industry presents many peculiarities. R&D are high and pose a high risk that they do not result in any marketable drug. The area is also very regulated by local governments, which, in many cases, control and limit the final price of drugs. The peculiarity of the pharmaceutical industry is reflected also in the area of transfer pricing since the vast majority of the transactions are carried out among companies of the same group in a worldwide basis. Innovative drugs are virtually unique and do not have any comparable in the market. In this sense, is difficult, or almost impossible to find comparables. The comparability analysis requires special attention, and maybe, special knowledge, when dealing with the pharmaceutical industry. If the concepts are applied in a general meaning, the comparability analysis is at risk of presenting misleading results, which do not fulfil the arm's length principle, and may cause double taxation.