Anonymous Employee v Merck Serono (AUTH/2315/4/10): Target contact rates – no breach | PMCPA Case

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Key facts

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Case	AUTH/2315/4/10 (also referenced in report as AUTH/2315/5/10)
Parties	Anonymous Employee v Merck Serono
Issue	Alleged target contact rates set verbally that would force Code breaches
Applicable Code year	2008
Complaint received	07 May 2010
Case completed	01 June 2010
Appeal	No appeal
Clauses considered	15.4 and 15.9
Decision	No breach of Clauses 15.4 and 15.9
Key evidence referenced	Company documents showing objectives largely sales-based; CRM data estimating average annual call rate 2.4 (range 0.8–4.5), ~30% service calls; system then could not distinguish calls from contacts

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

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An anonymous, uncontactable key account manager alleged their manager set verbal “contact rate” targets that could only be met by breaching the ABPI Code.
The complainant said performance would be measured against this verbally communicated target, which was not written down.
The PMCPA asked Merck Serono to respond in relation to Clauses 15.4 and 15.9 (Applicable Code year: 2008).
Merck Serono provided field force minimum standards and campaign/action plan materials, stating objectives were largely sales targets rather than call-rate targets.
Merck Serono provided CRM data indicating an estimated average annual call rate per key account manager (excluding service calls) of 2.4, with a variation of 0.8 to 4.5; it estimated ~30% of recorded calls were service calls and noted it could not yet distinguish “calls” from “contacts” in its system (but this would change shortly).
The Panel noted one team member’s estimated annual call rate was 4.5 and reminded the company it must ensure each individual complies with the Code, not just the team overall.

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