See also appended....

-------- Original Message --------
Subject: Australian Competition Tribunal decision on the Medicines
Australia Code of Conduct [
Date:   Wed, 27 Jun 2007 16:46:28 +1000
From:   Staltari, Danielle <[EMAIL PROTECTED]>
To:     <[EMAIL PROTECTED]>
CC:     Palisi, Joanne <[EMAIL PROTECTED]>, Bourke, Monica
<[EMAIL PROTECTED]>

Dear Dr Harvey,

As you may be aware, the Australian Competition Tribunal has today
released its decision on the Medicines Australia Code of Conduct.  A
link the austlii website which provides a copy of the Tribunal's
decision is enclosed for your information.

http://www.austlii.edu.au/au/cases/cth/ACompT/2007/4.html

Thank you for your interest in the Medicines Australia matter.

Regards

Danielle

*Danielle Staltari*
*Assistant Director*
*ACCC*
*Ph: 02 6243 1362*
*Fax: 02 6243 1211*

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MA loses code of conduct appeal

http://www.pharmainfocus.com.au/news.asp?newsid=1800

Posted 27 June 2007

Medicines Australia (MA) has lost its court appeal against the stringent
exposure condition placed on the industry code of conduct last year by
the ACCC, with companies now forced to reveal significant details of
every sponsored event for doctors.

MA Chief Executive, Ian Chalmers said that while the decision by the
Competition Tribunal is "disappointing," MA accepted it and would abide
by it. "We confirm our ongoing commitment to the Code of Conduct – it
will be strictly enforced and, where breaches occur, sanctions will be
applied without fear or favour."

Mr Chalmers said that in bringing the case, MA was in no way seeking to
avoid transparency and would now fully comply with the condition imposed
by the ACCC in July last year.

"It will be challenging but we will fully implement the condition. We
are unclear at what point we will commence but I expect we will have to
do it very very quickly," he said.

Mr Chalmers estimated this would mean providing detailed raw data on
more than 8,000 sponsored events a year if the condition remained as
originally set out by the ACCC.

"It would be disingenuous to say we are not disappointed by the
decision, however, disappointment is a quickly passing emotion and we
are absolutely committed to the code and will implement the condition."

Mr Chalmers said the decision required the Code of Conduct Monitoring
Committee to conduct internal reviews of the data provided by companies
and refer any apparent breaches to the code committee in the same way as
a complaint.

Asked why MA originally challenged the ACCC condition, the organisation
said it was because it felt there was so much public benefit flowing
from the strengthened Code, that the condition was unnecessary and of no
public benefit.

Meanwhile, ACCC Chairman Graham Samuel told Pharma In Focusthat his
organisation is "very satisfied" with the determination. "We believe
that this is a correct decision as it allows for the transparency and
accountability which is required within the marketplace.

"As a result of this, the community can now see what is occurring and
what it is dealing with."

He said the determination went right to the heart of the fundamental
concerns of health and patients in Australia. "In dealing with its
patients, the medical profession can now rest assured that they are
dealing with the highest levels of ethics. This transparency ensures
that the medical profession is not subjected to pressures by those with
commercial interests."

Consumer organisation Choice called the ruling "a step in the right
direction".

"More, however, needs to be done to improve the Code of Conduct," said a
spokesperson, "specifically to improve monitoring and increase the
sanctions to deter repeat breaches of the code".

Louise Durack and Nick Lush







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