AUTH/2182/11/08: Genus v Stiefel Laboratories (Oilatum) — alleged inappropriate rebate (No breach) | PMCPA Case

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Key facts

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Case number	AUTH/2182/11/08
Parties	Genus Pharmaceuticals Ltd v Stiefel Laboratories (UK) Limited
Product(s)	Oilatum Cream (Stiefel); Cetraben (Genus)
Issue	Alleged inappropriate cash rebate linked to reinstatement on a PCT formulary
Complaint received	6 November 2008
Case completed	27 January 2009
Applicable Code year	2008
Clauses considered	2, 18.1
Decision	No breach
Appeal	No appeal

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

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Genus (supplier of Cetraben) complained about Stiefel’s marketing of Oilatum Cream.
Genus said it received an email (13 October) from a primary care trust (PCT) stating Stiefel had offered a rebate on the price difference between Cetraben and Oilatum if the PCT reinstated Oilatum on the formulary.
Genus alleged this breached Clause 18.1 (Terms of Trade) and amounted to an inducement to prescribe, bringing the industry into disrepute (Clause 2).
Stiefel denied any breach and said a meeting (7 October) covered dissemination of NICE atopic dermatitis guidance and discussion of local rebate schemes; Stiefel said no rebate agreement was made and discussions were information sharing only.
The Panel noted cash rebate schemes relate to prices/margins/discounts, but Stiefel did not establish whether such schemes were exempt as being in regular use by a significant proportion of the industry on 1 January 1993.
The Panel found the parties’ accounts differed and it could not establish, on the balance of probabilities, what actually occurred.

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