AUTH/2919/12/16: Anonymous (non-contactable) v Merck Sharp & Dohme — no breach (representative conduct allegation) | PMCPA Case

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Key facts

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Case number	AUTH/2919/12/16
Parties	Anonymous, non-contactable complainant v Merck Sharp & Dohme
Issue	Alleged conduct of representative (bringing daughter to meetings)
Complaint received	14 December 2016
Case completed	20 January 2017
Applicable Code year	2016
Clauses considered	2, 9.1, 15.2
Decision	No breach
Appeal	No appeal
Sanctions	None stated

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

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An anonymous, non-contactable complainant (stating they were a GP) alleged a named Merck Sharp & Dohme (MSD) representative used to bring her daughter to meetings.
The complainant alleged a verbal complaint had been made to the representative’s manager and that the representative left the company.
The PMCPA asked MSD to bear in mind Clauses 2, 9.1 and 15.2 of the Code.
MSD reviewed the representative’s employment dates, interviewed the line manager, and reviewed the HR file.
MSD stated there was no record that any verbal or written complaint had been received by the manager about the daughter attending meetings/functions, and no disciplinary proceedings had been taken.
MSD stated the representative resigned voluntarily to take a position at another company.

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No breach of the Code.
The Panel found the complainant had not shown, on the balance of probabilities, that the representative failed to maintain a high standard of ethical conduct.
The Panel did not consider MSD had failed to maintain a high standard, brought discredit upon, or reduced confidence in the industry.

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