Merck Serono: premium economy flights and “party atmosphere” riverboat event led to hospitality breaches (AUTH/2682/11/13)

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Key facts

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Case	AUTH/2682/11/13
Parties	Anonymous v Merck Serono
Issue	Provision of hospitality (travel, subsistence, staff presence at social event)
Complaint received	25 November 2013
Case completed	15 April 2014
Applicable Code year	2012
Meetings	ASRM (Boston, 12–17 Oct 2013); ESHRE (London, 7–10 Jul 2013)
Key hospitality facts	ASRM flights included premium economy/world traveller plus (~£1250 per ticket); ASRM dinners mostly £35–£40 per head; one dinner £83 per head due to last-minute venue change. ESHRE dinners £42, £30, £68 per head; staff accompanied delegates to a patient organisation riverboat event (company said it did not fund it).
Breach clauses	Clause 19.1 (x2) and Clause 9.1
No breach clauses	Clause 19.1, Clause 2
Sanctions	Undertaking received; Additional sanctions: Not stated
Appeal	No appeal

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

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An anonymous, non-contactable fertility health professional complained about Merck Serono’s hospitality at two international conferences: ASRM (Boston, Oct 2013) and ESHRE (London, Jul 2013).
Allegations included: delegates flown “premium class”, lavish dinners, late-night drinks parties with large amounts of alcohol, a Thames riverboat cruise with music, and an extravagant gala dinner at the Tower of London with excessive alcohol.
ASRM (Boston): Merck Serono sponsored some HCPs with registration, flights and/or accommodation; dinners were held 13–16 October. Flights included premium economy/world traveller plus (company policy for flights over five hours).
ASRM dinners 13–15 October were ~£35–£40 per head including drinks; 16 October dinner changed last-minute to a steakhouse due to passport entry requirements at the original venue; cost ~£83 per head including drinks.
ESHRE (London): Merck Serono organised dinners 7–9 July (costs ~£42, £30, and £68 per head including drinks). On 8 July, three Merck Serono employees accompanied delegates to a patient organisation’s 10th anniversary riverboat event; Merck Serono said it did not fund the event or buy drinks.

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Breach found: Clause 19.1 (x2) and Clause 9.1.
No breach found: Clause 19.1 (in other respects), Clause 2.
ASRM: breach of Clause 19.1 for providing a class of flight other than economy; breach of Clause 19.1 for the £83 per head steakhouse dinner.
ASRM: no breach for dinners on 13–15 October (~£35–£40 per head); no breach for alleged late-night drinks parties (not proven on balance of probabilities).
ESHRE: no breach for dinners on 7 July (£42) and 8 July (£30); no breach for dinner on 9 July (£68) (upper limit but acceptable on balance).
ESHRE: no breach of Clause 19.1 regarding the riverboat event because Merck Serono did not pay for it; however, breach of Clause 9.1 because employees accompanying delegates to an event that appeared wholly social created an unacceptable impression and did not maintain high standards.
Clause 2: no breach; Panel did not consider the circumstances brought discredit upon or reduced confidence in the industry.

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