Merck Serono: anonymous employee alleged unachievable target contact rates (no breach)

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Key facts

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Case	AUTH/2315/4/10 (also referenced as AUTH/2315/5/10 in the report)
Parties	Anonymous Employee v Merck Serono
Issue	Target contact rates allegedly set verbally and said to be unachievable without breaching the Code
Complaint received	07 May 2010
Case completed	01 June 2010
Applicable Code year	2008
Clauses considered	15.4 and 15.9
Decision	No breach
Appeal	No appeal
Notable data points	Estimated average annual call rate per key account manager (excluding service calls) 2.4 (range 0.8–4.5); company estimated ~30% of recorded calls were service calls; one team member estimated annual call rate 4.5

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

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An anonymous, uncontactable key account manager complained that verbally set “target contact rates” could not be achieved without breaching the ABPI Code.
The complainant alleged performance would be measured against this contact-rate target, which was not written down.
The PMCPA asked Merck Serono to respond in relation to Clauses 15.4 and 15.9.
Merck Serono provided field force minimum standards and documents indicating objectives were largely sales targets rather than call-rate targets (including an action plan and a “Rebif campaign brief”).
Merck Serono’s customer recording management system data suggested an estimated average annual call rate per key account manager (excluding service calls) of 2.4, with variation 0.8 to 4.5; the company estimated ~30% of recorded calls were service calls.
The Panel noted the company could not (at that time) distinguish “calls” from “contacts” in its system, though this was due to change.

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No breach of the Code was ruled.
No breach of Clauses 15.4 and 15.9 was ruled due to lack of evidence supporting the allegation.
The Panel nevertheless highlighted that Merck Serono must ensure each individual team member complies with the Code, not just the team overall (noting one estimated annual call rate of 4.5).

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