Five questions answered on GSK market abuse allegations

Company said it acted within the law.

Pharmaceutical giant GlaxoSmithKline has been accused of abusing the market by the Office of Fair Trading (OFT). We answer five questions on the allegations.

Why have the OFT alleged this about GSK?

The OFT alleges that GSK paid off rivals in order to stop generic – and cheaper – versions of its Seroxat drug coming into the market, therefore ruining competition.

What do GSK say to these allegations?

In a statement the company said it acted ‘within the law’ and that the company supports fair trading.

A statement published on the BBC said: "In fact, these arrangements actually resulted in generic versions of paroxetine entering the market before GSK's patents had expired.”
It added that the matters referred to by the OFT had already been investigated by the European Commission in 2005 – 2006.

"The issues were also reviewed in the European Commission's 2008-2009 Sector Inquiry. Neither investigation resulted in any sanctions against the company,” the statement read.

 Who are the rival drug companies that were involved?

Alpharma, Generics UK and Norton Healthcare all received money in order to hold off releasing their generic versions of anti-depression drug Seroxat. GSK accused them of infringing its patent on the drug.
What else has the OFT said?

"The introduction of generic medicines can lead to strong competition on price, which can drive savings for the NHS, to the benefit of patients and, ultimately, taxpayers," said Ann Pope, senior director of services, infrastructure and public markets at the OFT to the BBC.

"It is therefore particularly important that the OFT fully investigates concerns that independent generic entry may have been delayed in this case."

What will happen next?

The firms will be asked to respond to the allegations presented by the OFT. The OFT will then decide whether competition law has been infringed.

If the allegations are proven, all companies will be deemed as infringing the competition law. GSK will also be responsible for taking advantage of a dominant position in the market.

GSK. Photograph: Getty Images

Heidi Vella is a features writer for Nridigital.com

Photo: Getty
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Commons Confidential: Herod in the House

Your weekly dose of gossip from around Westminster.

The spell cast over Theresa May by the youthful Gavin Williamson and Cronus, his pet tarantula, leaves envious Tory rivals accusing him of plotting to succeed the Stand-In Prime Minister. The wily Chief Whip is eyed suspiciously as a baby-faced assassin waiting to pounce.

My tearoom snout whispers that May is more dependent on the fresh-faced schemer (he also served as David Cameron’s PPS) who signed a survival deal bunging the DUP £1bn protection money than she is on David Davis, Philip Hammond, Amber Rudd or Boris Johnson. She delegated the reshuffle’s middle and lower ranks to Williamson, but his nous is questioned after he appointed Pudsey’s Stuart Andrew (majority: 331) and Calder Valley’s Craig Whittaker (609) as henchmen. Vulnerable seats are dangerously unprotected when whips don’t speak in the House of Commons.

Left-wing Labour MPs mutter that Jeremy Corbyn is implementing a “King Herod strategy” to prevent the birth of rival messiahs. A former shadow cabinet member insisted that any display of ambition would be fatal. The punishment snubbings of Yvette Cooper and Chuka Umunna, who had expressed a willingness to serve, were intended to intimidate others into obedience. The assertion was reinforced by an influential apparatchik musing: “John [McDonnell] is looking for a bag carrier, so Chuka could apply for that.” The election has laced the boot tightly on the left foot.

The military career of Barnsley’s Major Dan Jarvis included service in Northern Ireland. Perhaps old acquaintances will be renewed with the allocation to Sinn Fein’s seven MPs of a meeting room next to the Labour squaddie’s office.

Ian Lavery, the burly ex-miner appointed as Labour’s new chair by Jeremy Corbyn, disclosed that he was bombarded with messages urging him to “nut” – that is, headbutt – Boris Johnson when he faced down the Foreign Secretary on TV during the election. I suspect that even Trembling BoJo’s money would be on the Ashington lad in a class war with the Old Etonian.

Campaign tales continue to be swapped. Labour’s victorious Sharon Hodgson helped a family put up a tent. The defeated Lib Dem Sarah Olney was heckled through a letter box by a senior Labour adviser’s five-year-old son: “What’s that silly woman saying? Vote Labour!” Oddest of all was the Tory minister James Wharton informing his opponent Paul Williams that he’d put in a good word for him with Labour HQ. There was no need – Williams won.

The Tory injustice minister Dominic Raab is advertising for an unpaid Westminster “volunteer”, covering only “commuting expenses”. Does he expect them to eat at food banks?

Kevin Maguire is Associate Editor (Politics) on the Daily Mirror and author of our Commons Confidential column on the high politics and low life in Westminster. An award-winning journalist, he is in frequent demand on television and radio and co-authored a book on great parliamentary scandals. He was formerly Chief Reporter on the Guardian and Labour Correspondent on the Daily Telegraph.

This article first appeared in the 29 June 2017 issue of the New Statesman, The Brexit plague

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