Genzyme OFT fine halved
Genzyme has won a partial victory over the Office of Fair Trading after appealing to the Competition Appeal Tribunal (CAT) against a £6.8m fine imposed for breaking UK competition law (PJ, 5 April
2003, p467).
The OFT had ruled that Genzyme’s had breached the Competition Act
1998 because the price it charged the NHS for Cerezyme (imiglucerase)
included home delivery and home care services, so ensuring that only
the company or its own contractors could provide such services. The CAT
upheld OFT rulings that Genzyme must offer Cerezyme to distributors at
a negotiated price that allows them an appropriate margin, but it cut
the fine imposed to £3m plus interest.
Cerezyme is used to treat Gaucher’s disease, which affects only
about 300 people in Britain and 40,000 worldwide. |