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UK Competition and Markets Authority Accuses MSD of Operating Abusive Discount Scheme for Remicade®

  • 23/05/2017
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The Competition and Markets Authority, the UK competition authority (“CMA”), indicated that it issued a statement of objections to Merck Sharp & Dohme Limited (“MSD”) (see press relase below). MSD is accused of having abused its dominant position by operating a discount scheme for its biological medicine Remicade® that makes it more difficult for rival biosimilar versions of Remicade® to enter the market and compete.

Remicade®, an immunosuppressant registered for a range of therapeutic indications, including rheumatoid arthritis, is one of the first biological medicines to lose patent protection in its active substance, infliximab. The European Medicines Agency has issued marketing authorisations for biosimilar versions of infliximab to Celltrion, Hospira and Samsung Bioepis. Health authorities around Europe are now looking to stimulate the uptake of these biosimilar medicines through regulatory means. In the UK, the CMA has stepped in to complement that regulatory approach with competition scrutiny of the marketing authorisation holder of the pioneer biological product.

We will have to wait for the CMA’s full decision to form a view on whether and how MSD actually breached the competition laws.

Please click below to view the press release.

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