Fraud case dropped against UK generic firms
The criminal prosecution of five generic drug companies in the UK has collapsed, leaving legal bills running to millions of dollars and the future of the Serious Fraud Office in doubt. The case involved claims of price-fixing by an alleged cartel of non-branded drugmakers: Generics (a unit of Germany's Merck KGaA); Goldshield Group; Kent Pharmaceuticals; Norton Healthcare; and India-based Ranbaxy's UK subsidiary.
Although legislation introduced in 2003 may well have resulted in a conviction for price-fixing, the alleged incidents referred to in the SFO's charges related to events in the 1996-2001 period. An attempt to use the common law definition of "conspiracy to defraud" the National Health Service by overcharging was rejected, after an eight-year legal battle.
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