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RANBAXY
SETTLES NHS CLAIM FOR 'PRICE FIXING'
(1 April 2005)
The
Department of Health and Ranbaxy (UK) Ltd have jointly announced
settlement of the claims brought against Ranbaxy for alleged anti-competitive
cartel conduct in connection with the supply to the NHS of generic
drugs between 1996 and 2000. Under the terms of the settlement Ranbaxy
have agreed, on a full and final basis and without admission of
liability, to compensate the NHS by payment of £4.5 million
and to provide co-operation in the context of the ongoing proceedings.
Health
Minister Lord Warner said:"We are pleased that Ranbaxy - who
are the first of the Defendant companies to settle with us - have
recognised the public interest in doing so by paying the NHS £4.5
million and agreeing to cooperate. I hope that each of the other
Defendant companies will also recognise the strength of our claims.
Ranbaxy's approach is to be applauded and is a first step in the
right direction."
On
20 December 2002, the Secretary of State for Health, the Prescription
Pricing Authority and the 28 English Strategic Health Authorities
issued proceedings in the High Court Chancery Division against Norton
Healthcare Limited, Norton Pharmaceuticals Limited, Regent-GM Laboratories,
Goldshield Group PLC, Goldshield Pharmaceuticals Limited and Forley
Generics Limited, claiming damages of more than £28 million
plus interest. The Secretary of State claims in these proceedings
that damages of this magnitude have been suffered as a result of
anti-competitive agreements between the Defendants to restrict the
supply of Warfarin and to fix its price.
On
17 December 2003 there were further claims for damages of £30,491,602.00
plus interest and costs for the sale and supply of 'Cillins'. On
2 August 2004 , the same authorities started proceedings relating
to the sale and supply of Ranitidine, which is better known by its
branded name of "Zantac".
Jim
Gee, Director of Counter Fraud Services for the Department of Health
said: "We have already had an approach from a leading institutional
shareholder of one of the remaining defendant companies expressing
concern regarding the loss of shareholder value and uncertainty
caused by the proceedings. I say to them and to the other shareholders
of the companies we have sued that they should consider very carefully
what course of action is in the best interests of their companies.
We are pressing on with all three sets of proceedings concerning
Warfarin, 'Cillins and Ranitidine. No one should doubt our determination
- with all the evidence available to us - to secure and enforce
multi-million pound judgments against all of those who participated."
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