Genzyme Limited v Office of Fair Trading [2005] CAT 32

Competition Appeal Tribunal judgment (PDF, 99 pages) in the Genzyme case. This judgment relates to the implementation of remedies to bring to an end Genzyme's "margin squeeze" infringement in the supply of the Gaucher disease treatment Cerezyme to homecare providers, including Healthcare at Home. Genzyme's conduct was held to be an abuse of a dominant position in the Tribunal's March 2004 judgment. (See Genzyme for a commentary.)

The Tribunal's decision is to set a minimum discount of 20 pence per unit for supplies of Cerezyme to third-party healthcare providers; this is equivalent to 7.2 per cent of the current NHS list price. The proposed minimum discount is less than the discount actually given by Genzyme to Healthcare at Home in 2001.

For further information or advice please contact Franck Latrémolière.

Filed under Article 82, CAT, Healthcare, Pharmaceuticals.

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