Merck Serono breached Clause 19.1 after accommodating UK delegates in a luxury 5-star Prague hotel (AUTH/2068/11/07)

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Key facts

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Case number	AUTH/2068/11/07
Parties	Bayer Schering Pharma v Merck Serono
Issue	Hospitality/accommodation for UK-sponsored delegates at an international meeting (ECTRIMS) in Prague
Meeting dates	10–14 October 2007
Complaint received	21 November 2007
Case completed	7 January 2008
Applicable Code year	2006
Breach	Yes
Clause(s)	19.1
Key cost cited	£238 per person for one night bed and breakfast (final breakdown)
Notable context	Almost half of sponsored delegates were nurses; invitation did not name the hotel; hotel was a member of “Leading Hotels of the World” and described as luxury
Sanctions	Undertaking received; additional sanctions not stated
Appeal	No appeal
Source	https://www.pmcpa.org.uk/cases/completed-cases/auth20681107-bayer-schering-v-merck-serono

Reviewed by Dr Anzal Qurbain (FFPM) — ABPI Final Signatory

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Bayer Schering Pharma complained about hospitality provided by Merck Serono to UK-sponsored delegates attending ECTRIMS (10–14 Oct 2007) in Prague.
Merck Serono accommodated delegates in a city-centre hotel described online as offering “sparkling luxury” and belonging to “one of the most luxurious hotels”, and which was a member of “Leading Hotels of the World” (LHW).
The invitation to the meeting did not name the hotel.
Merck Serono said an agency arranged the hotel, discussed Code adherence in advance, and an agent inspected it; it argued star ratings vary internationally and the hotel was business-appropriate and convenient.
The Panel considered the overall impression created by the arrangements, including the hotel’s luxury positioning and the cost of accommodation.

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