Re: Claim
11 January 2003 - 3:55AM
UK Regulatory
RNS Number:0541G
Goldshield Group PLC
10 January 2003
For Immediate Release 10 January 2003
Goldshield Group plc
("Goldshield" or "the Company")
Claim from The Secretary of State for Health
On 21 December 2002, Goldshield Group plc announced that it had received a claim
for damages from The Secretary of State for Health and certain other claimants
arising from the sale and supply of the anticoagulant drug Warfarin between 1996
and 2000. The claim alleges that Goldshield and certain other parties had been
involved in anti-competitive behaviour resulting in the National Health Service
("NHS") paying an excess aggregate reimbursement cost for Warfarin during this
period.
Goldshield has now had an opportunity to consider the court papers received from
The Secretary of State for Health and the Board of Directors wish to place the
following information on record:
* Between 1996 and 2000, the period during which the alleged anti-competitive
behaviour took place, Goldshield Pharmaceuticals Limited (a wholly owned
subsidiary of the Company) sold its product Marevan, the "branded"
formulation of Warfarin which the Goldshield Group originally acquired in
1992.
* The pricing of branded pharmaceutical products, such as Marevan, was at the
relevant time carried out under the Department of Health's Prescription
Pricing Regulation Scheme (PPRS). The effect of the PPRS was to control a
supplying company's profits made on products sold directly to the NHS
rather than controlling the price of an individual product. Profit was
measured by reference to the return on the capital employed and if certain
thresholds were exceeded, then the difference was refunded to the
Department of Health by cash payment or by appropriate price reductions.
* The Goldshield Group increased its price for Marevan in 1997 with the
knowledge of the Department of Health PPRS branch and the Directors
believe this increase was within the allowable margins under the PPRS. So
far as the Directors are aware, this price increase has never previously
been questioned or challenged by the Department of Health. There has been
no increase in the price at which the Goldshield Group supplied Marevan
between 1997 and 2000 other than to take account of the introduction of
patient "blister" packs in 1999, the prices of which were set within the
PPRS and notified to the Department of Health.
* The Goldshield Group first introduced a non-branded or "generic"
formulation of Warfarin in April 2000. The Goldshield Group applied to
obtain product licences for the sale of generic Warfarin during the course
of 1997. These licences were granted in the latter part of 1998 but
because of changes required to the licences before a product could be
appropriately marketed, the Goldshield Group made an application to the
Medicines Control Agency ("MCA") for these licences to be modified. Final
approvals to enable the Goldshield Group to market and sell a generic
Warfarin product were issued during the last quarter of 1999. As a
consequence, Goldshield was unable to launch its own generic Warfarin
product until April 2000.
* The re-imbursement cost to the NHS is based on a "Drug Tariff" which, for
generic products, is calculated by reference to a weighted average of list
prices from three manufacturing companies and two mainline wholesalers of
the product. Goldshield Group prices for Marevan have not been used for the
calculation of the drug tariff for generic Warfarin products nor have the
Goldshield Group's prices for its own generic Warfarin product launched in
April 2000 been used for the calculation of the drug tariff for generic
Warfarin. These re-imbursement costs are not the same as the "ex factory"
prices charged to the wholesaler or a pharmacy which dispenses the products
on behalf of the NHS. For example during the last six months of 2002,
according to Goldshield's internal records, the average price charged by
the Goldshield Group for generic Warfarin 1mg was approximately 1.5 pence
per tablet compared to a NHS Drug Tariff price of approximately 5.0 pence
per tablet.
* The Drug Tariff prices of many generics, including that of Warfarin
increased during the course of 1999 and remained high until mid 2000. The
Directors believe that this increase can be explained by a combination of
factors including:
- the withdrawal by the MCA of the manufacturing licence held by
Regent GM Laboratories Limited ("Regent") causing Regent to leave the
generic pharmaceuticals market in December 1998 and with a resulting
shortage of supply;
- Norton Healthcare Limited ("Norton") and APS/Berk, both manufacturers
of Warfarin, transferring their facilities outside of the UK which had
a temporary effect on supply; and
- the requirement in January 1999 for generic manufacturers to supply
patient "blister" packs of Warfarin as opposed to the previous bulk
supply of tablets in containers with an associated impact on the cost
of implementation.
These factors, were identified in July 2001 in a report by OXERA Consulting
Limited for the Department of Health, which indicated that it was the
Department of Health's own view that the initial problems in the generics
industry arose from these "supply shocks". OXERA was commissioned by the
Department of Health to undertake a fundamental review of the supply and
distribution of generic medicines.
* During 1997, Goldshield initiated the development of a number of new
formulations of Warfarin as part of its business development programme.
Towards the end of that year Goldshield contacted all of the then product
licence-holders of generic Warfarin with a proposal to licence its know-how
relating to its current and future formulations of Warfarin. This approach
led to the conclusion of separate commercial agreements in the first half
of 1998 with Regent and Norton for the licensing of Goldshield's Warfarin
formulations. Regent terminated its agreement in January 1999 following the
withdrawal of its licences by the MCA and its departure from the generic
pharmaceutical market and Norton terminated its agreement in November 1999.
* The Directors do not believe that the Goldshield Group has at any time
sought to improperly or artificially reduce or constrain the supply of its
Warfarin-based products to the UK market.
* During the period 1st January 1996 and 31st December 2000
Goldshield's Pharmaceutical Division made total sales to the National
Health Service of approximately #6.9 million of Warfarin-based
pharmaceuticals (based on the Company's internal financial records)
comprising both sales of Marevan and, from April 2000, generic Warfarin.
Sales of Marevan accounted for #4.8 million of this total.
The Company takes the allegations made by the Secretary of State for Health
extremely seriously and intends to defend the Court proceedings vigorously on
the basis that it does not believe that it has acted improperly. The Directors
believe that the claim by the Department of Health does not take the above
matters into account. The Goldshield Group has never been asked by the
Department of Health to give any explanation in relation to the allegations or
to provide any of the above information prior to the launch of the Court
proceedings, which the Directors find extraordinary.
The Company does not intend to comment further on the Court proceedings which,
it has been advised, may take many months to reach a conclusion.
ENDS
For further information, please call :
Buchanan Communications
Louise Bolton Tel: 07771 788 116
This information is provided by RNS
The company news service from the London Stock Exchange
END
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