Remicade: alleged abusive discount scheme

The CMA has issued a no grounds for action decision following investigation of discounts offered for Remicade.

Case timetable

Date Action
March 2019 Decision to close the investigation on no grounds for action
December 2017 to March 2019 Considering written and oral representations on the Statement of Objections, state of play meeting with the party, further evidence gathering and analysis, preparation of the final decision
October 2018 (estimate) Final decision on case outcome
December 2017 to October 2018 (estimate) Considering written and oral representations on the Statement of Objections, state of play meeting with the party, further evidence gathering and analysis, preparation of the final decision
August to November 2017 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

Decision

On 14 March 2019, the CMA closed its investigation into a suspected abuse of a dominant position by Merck, Sharp & Dohme Limited (MSD) in the supply of Remicade to the NHS, on the basis that there were no grounds for action on the CMA’s part.

The CMA’s investigation was under Chapter II of the CA98 and Article 102 of the TFEU, and considered whether a discount scheme that MSD had introduced for Remicade was likely to have an exclusionary effect. The CMA’s reasons for closing the investigation are set out in the no grounds for action decision and summarised in the news story.

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.

Contacts

Assistant project director

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

Project director

John McInnes (020 3738 6287, john.mcinnes@cma.gov.uk)

Senior responsible officer

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

Published 2 December 2015
Last updated 14 March 2019 + show all updates
  1. The case has been closed and the no grounds for action decision has been published.
  2. Case timetable updated.
  3. Timetable updated.
  4. Statement of objections issued.
  5. Timetable updated.
  6. Timetable updated.
  7. Timetable updated.
  8. First published.