Remicade: alleged abusive discount scheme

The CMA is investigating a suspected breach of competition law related to discounts offered for Remicade, under Chapter II CA98 and Article 102 TFEU.

Case timetable

Date Action
August to September 2017 (estimate) Receipt of written and oral representations on the statement of objections
23 May 2017 Statement of objections issued to party
March 2017 Decision taken to continue with the investigation
December 2016 to March 2017 Further information gathering and analysis of information requests
November 2016 Decision to proceed with the investigation
June to November 2016 Further investigation including further information requests
June 2016 Decision to proceed with the investigation
December 2015 to June 2016 Initial investigation: information gathering, including issuance of formal or informal information requests and party’s responses
1 December 2015 Investigation opened

Statement of objections

23 May 2017: The CMA issued a statement of objections alleging that MSD has breached UK and EU competition law by implementing a discount scheme in relation to the supply of Remicade to the NHS.

Notes

  • The investigation is under Chapter II of the Competition Act 1998 (CA98) and Article 102 Treaty on the Functioning of the European Union (TFEU).
  • No conclusion should be drawn that there has been an infringement of competition law at this stage and the recipients of the statement of objections will now have the opportunity to respond to the allegations.
  • The CMA will consider any representations it receives before any decision is taken as to whether competition law has in fact been infringed.
  • Changes to the timing of original entries in the case timetable will be made where the estimated timing in the original timetable changes.

Contacts

Assistant project director

Neil Maxey (020 3738 6956, neil.maxey@cma.gsi.gov.uk)

Project director

George Lusty (020 3738 6702, george.lusty@cma.gsi.gov.uk)

Senior responsible officer

Michael Grenfell (020 3738 6134, michael.grenfell@cma.gsi.gov.uk)

Published 2 December 2015
Last updated 21 June 2017 + show all updates
  1. Timetable updated.
  2. Statement of objections issued.
  3. Timetable updated.
  4. Timetable updated.
  5. Timetable updated.
  6. First published.