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PMCPA Case

AUTH/2210/3/09: Anonymous v AstraZeneca (conduct of representative) – no breach

📅 2009 | 🖉 Dr Anzal Qurbain
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Key facts

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Case numberAUTH/2210/3/09
Case referenceAnonymous v AstraZeneca
ComplainantAnonymous and uncontactable general practitioner
Respondent/companyAstraZeneca UK Limited
Product(s)Not stated
Material/channelAlleged conduct of representative; meetings at venues part owned by representative; alleged hospitality/free drinks; alleged sports team sponsorship; representative’s supplies business
Key issuePerceived conflict of interest and alleged inducement via hospitality/venue ownership and other business interests
Dates (received/completed if stated)Complaint received 2 March 2009; case completed 27 March 2009
AppealNot stated
Code yearNot stated
Breaches/clausesNo breach ruled (Panel: no breach of Clauses 9.1, 19.1 and 2; Clauses considered included 2, 9.1, 15.2, 19.1)
SanctionsNo explicit additional sanctions stated beyond the required undertaking/corrective actions described in the report

Download the full case report (PDF)

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

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What happened

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  • An anonymous, uncontactable general practitioner complained about the conduct of a named AstraZeneca representative and said he was “shocked” at what the company allowed.
  • The complainant alleged the representative owned and ran a popular local bar/restaurant frequented by medical professionals, with “open house” days and free drinks given to colleagues.
  • The complainant alleged the representative sponsored a local health professionals’ sports team.
  • The complainant alleged the representative had set up a consumables/supplies company supplying local GP practices, raising a potential conflict of interest.
  • The complainant alleged it was rumoured the representative funded entertainment activities from running medical meetings at venues he owned, and questioned whether this was corrupt.
  • The complainant provided a transcript of a local newspaper article about the representative’s business interests (which did not mention AstraZeneca) and a printed webpage about a supply company.
  • AstraZeneca investigated by interviewing the representative and multiple managers; searching meetings records (available from September 2004 onwards); scrutinising meeting records and expenses; and searching finance databases for payments to the businesses.
  • AstraZeneca identified 129 meetings involving health professionals at a private members club and 3 meetings at a bar/restaurant between September 2004 and March 2009, and stated costs per head were within company limits and meetings had educational content or a business purpose.
  • AstraZeneca stated it found no evidence of further free drinks being offered at AstraZeneca meetings, no evidence of spouses/family attending, and no evidence the representative used AstraZeneca interactions to promote his other businesses (or vice versa).
  • AstraZeneca stated the sports team was not sponsored by AstraZeneca; rather, the representative supported it (about £200/year) in his capacity as part owner of the members club, with funds supplied by the club.
  • AstraZeneca stated only two GP practices had been supplied by the supplies company, on comparable terms to other customers, and there was no evidence of AstraZeneca involvement or expectation.
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Outcome

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  • The Panel noted the complainant was anonymous and non-contactable, and there were no details about specific meetings.
  • The Panel stated that being a part owner of venues where meetings with health professionals took place was not a breach of the Code per se; arrangements would have to comply with the Code.
  • The Panel noted the representative had declared his interests to AstraZeneca in line with company policy.
  • The Panel expressed concern about the impression created and the potential perception of conflict of interest when a representative has separate business relationships with health professionals.
  • However, the Panel ruled that the complainant had not provided evidence (on the balance of probabilities) to show inappropriate meetings or unacceptable activities in relation to the Code.
  • No breach of Clauses 9.1, 19.1 and 2 was ruled.
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