The Competition and Markets Authority (CMA) in the United Kingdom announced a provisional decision finding that Merck Sharp & Dohme (MSD) violated competition law with its discount pricing on Remicade. This provisional determination does not indicate that MSD in fact violated competition law. The CMA specifically found that MSD used its position in a way that was likely to restrict competition from biosimilar versions of infliximab. Before making a final determination, the CMA will consider MSD’s representations. The CMA also proposed finding MSD and parent company Merck & Co. jointly and severally liable. The CMA opened this investigation on December 1, 2015.
Big Molecule Watch will continue to monitor this investigation and other regulatory activity involving biosimilars, so check back for further updates.