Scotland settles over NHS drugs supply with OPD/Kent

2 November 2009

The Scottish Government has reached settlement with a pharmaceutical company over alleged anti-competitive behavior in the supply of drugs to the National Health Service. OPD Cartons Limited (formerly Kent Pharmaceuticals) has agreed, on a full and final basis, to pay 225,000 in compensation.

Scottish Cabinet Secretary for Health and Wellbeing, Nicola Sturgeon, said: "I am pleased that our discussions with Kent have been concluded on a positive note and have resulted in a satisfactory settlement."

Peter MacIntyre, Interim Head of Service at NHS Scotland Counter Fraud Services, added: "This outcome is a welcome one and I am glad that the CFS has played a role in this."

In February 2005, the Scottish Ministers and Scottish Health Boards lodged claims in the civil courts in England against a number of companies, in connection with forming alleged price-fixing cartels in respect of the following generic drugs - warfarin, ranitidine and penicillin-based drugs.
Previous 'without admission of liability' settlements, it was noted, are:

1 The Goldshield Group, Goldshield Pharmaceuticals and Forley Generics (£750,000: $1.2 million);
2 Norton Healthcare and Norton Pharmaceuticals (£2,837,500);
3 Generics (UK) Ltd (£2.31million); and
4 Ranbaxy (UK) Ltd (£1,057,500).

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