Angela Jameson and Patrick Foster
Claim your free 2010 double sided wall chart
Reckitt Benckiser faces a series of investigations by competition and health
regulators over an alleged secret plan to maintain a monopoly in the supply
of Gaviscon, the lucrative heartburn medicine.
Internal documents show that executives at Reckitt, the Hull-based drug and
cleaning products company, plotted under the codename “Project Eric” to
block rivals from selling cheaper generic copies of Gaviscon.
One former senior executive said Reckitt had “cheated the NHS”. It is thought
that a cheaper, generic version of Gaviscon could have saved the health
service £40 million a year.
E-mails between executives discuss how to “drag out as long as possible” the
process of other companies being allowed to manufacture generic versions,
and their intention to create “a further barrier to competitors” and
“restrict entry for new competitors”.
The company announced an internal investigation into the allegations, made by
BBC2’s Newsnight, insisting that it was “a responsible company
in the way it conducts its business”.
A spokesman for the Office of Fair Trading said: “We are aware of the story
and are considering whether there may be a competition case to answer.” The
NHS Counter Fraud Service is also considering whether an inquiry falls
within its remit, and the House of Commons Health Select Committee may also
investigate.
Kevin Barron, MP, chair of the committee, said he was “disturbed” by the
e-mails. “I will be taking it back to the committee to look at,” he said.
However, it is not clear whether any laws have been broken. One regulatory
source said: “Members of the public might not find it particularly
wholesome. It might be sharp practice and they may be sailing close to the
wind, but that doesn’t mean it’s illegal.”
Before a rival company can create a generic drug, the British National
Formulary must give it an official title. Reckitt tried to claim Gaviscon
was unique and such a title could not be issued. It objected in 2000, 2003,
2005 and 2006.
The drug company also successfully lobbied the British Pharmacopoeia
Commission (BPC), part of the Medicines and Healthcare Regulatory Agency,
that for health and safety reasons, a detailed quality specification known
as a monograph was needed.
One Reckitt executive wrote: “Should we not drag it out as long as possible .
. . £9 million of business is at stake”. The e-mails talk of “a clever idea”
- to make a near-identical product with a different name. “There must be
something we can dig out of the cupboard!” one executive wrote.
Reckitt also tried to persuade doctors to prescribe the new Gaviscon Advance.
In 2005 the industry’s watchdog found it guilty of unethical behaviour.
The news comes shortly after the European Commission began an inquiry into
whether pharmaceutical companies were employing illegal tactics to delay
generic versions.
In January, it raided the offices of some of the world’s largest drug
companies, including Pfizer, GlaxoSmithKline, Astrazeneca, Johnson &
Johnson, Merck & Co and Sanofi-Aventis. In 2005 AstraZeneca, the
Anglo-Swedish drug manufacturer, was fined €60 million for trying to delay
rival versions of its ulcer drug, Losec, thereby keeping prices artificially
high.
A spokesman for Reckitt said: “We are shocked by the allegations . . . and by
the inappropriate sentiment expressed in some of the internal correspondence
of 2003.” A spokesman for the BPC said it was “aware that the company would
want to protect its market”. He added: “When Reckitt sought to protect the
monograph being published with a legal challenge, the BPC rejected this
request and proceeded with its publication.”
Industry sectors news at a glance. Interactive heatmap, video and podcast
Everything the Business Traveller needs to know to make a better trip
Get ready for the winter sports season, with our resort guides and snow reports
We are backing British business, what is the confidence of the nation and what businesses are succeeding?
Growing demand for energy, oil that is harder to reach and the rise of carbon dioxide emissions. We examine the energy challenge
With rail travel in Europe on the rise, we review the benefits of travelling by train
In this special section we explore new food trends to help improve your dinner party and impress guests
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
1998
£47,955
2004
£56,950
Essex
Check your free Experian credit report before applying
Car Insurance
c. £70,000
The Duke of Edinburgh’s Award
Windsor
£123,460 pa
The Law Commission
London
Southwark County Council
£100,000
Home Office
Liverpool
Moments from Battersea Park.
For sale with Winkworth
Find out about shared ownership.
See your free Experian credit report beforehand
Includes flights, accommodation with room upgrades, transfers city tours in Hong Kong and Bangkok.
PremierHolidays.co.uk
For your ultimate tailor-made ski holiday, click here
Get covered on your travels with a superb range of policies at great prices. Visit InsureandGo.com
Choose from the beautiful landscape and tranquil beaches of Oahu, Kauai, Maui & Big Island.
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Milkround
Copyright 2009 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.