Commissioning

07.11.18

NHS England in legal battle with American firm over medicine procurement

An American pharmaceutical company has launched a legal challenge against NHS England over a procurement process seeking suppliers for ground-breaking hepatitis C treatment.

The legal proceedings were launched by the American firm Abbvie in London’s Technology and Construction Court during the summer, claiming that NHS England breached its duty to treat all bidders fairly.

The procurement was launched in spring in a bid to lower the cost of hepatitis C drugs which are manufactured by Abbvie, MSD Pharmaceutical, Janssen Pharmaceutica, and Gilead Sciences.

Back in January, NHS England asked businesses in the pharmaceutical industry to help make the UK the first country in the world to eliminate hepatitis C through its next round of procurement.

Hepatitis C leads to around 400,000 deaths a year and affects around 160,000 people in England, and NHS England says it believes it can go further with its treatment and eliminate it five years earlier than the World Health Organisation’s goal of 2030.

The court documents are heavily redacted due to commercial sensitivity, but say the claimants allege that the NHS commissioning board breached regulations in its tender process.

NHS England is legally required to comply with certain regulations and directives in its tender process, which means it must conduct the process consistently with the principles of equality of treatment, transparency, non-discrimination, and good administration, and it must award the contract to the most economically advantageous tenders.

The claimant alleges that the NHS broke these regulations and that there was unlawful use of electronic auction in competitive dialogue procedure, and wants the NHS to set aside the tender process or modify it to remedy the parts considered unlawful.

The public body contested this and said there was no prohibition of using an auction of any kind and, defending its process, the NHS commissioning board said the claim “fails at the outset” because it wasn’t made in time.

 Enjoying NHE? Subscribe here to receive our weekly news updates or click here to receive a copy of the magazine!

Dominic Lipinski/PA Wire/PA Images

Comments

There are no comments. Why not be the first?

Add your comment

 

national health executive tv

more videos >

latest healthcare news

Two NHS trusts spent a third of the year on highest ‘Opel 4’ pressure alert

12/12/2018Two NHS trusts spent a third of the year on highest ‘Opel 4’ pressure alert

Two NHS trusts spent more than a third of the year under extreme pressure and on the highest level of alert. An investigation by the BBC fou... more >
Financially struggling NHS trust appoints fifth chief executive in just five years

12/12/2018Financially struggling NHS trust appoints fifth chief executive in just five years

The financially troubled West Hertfordshire Hospitals NHS Trust has appointed Christen Allen as its newest chief executive – marking its fi... more >
Quarter of trusts spent no money on cyber security last year as NHS’s ‘alarming’ cyber training inconsistencies revealed

12/12/2018Quarter of trusts spent no money on cyber security last year as NHS’s ‘alarming’ cyber training inconsistencies revealed

One in four NHS trusts in England and Wales are spending no money on specialist cyber security or training and trusts are consistently failing to... more >

editor's comment

25/09/2017A hotbed of innovation

This edition of NHE comes hot on the heels of this year’s NHS Expo which, once again, proved to be a huge success at Manchester Central. A number of announcements were made during the event, with the health secretary naming the second wave of NHS digital pioneers, or ‘fast followers’, which follow the initial global digital e... read more >

last word

Hard to be optimistic

Hard to be optimistic

Rachel Power, chief executive of the Patients Association, warns that we must be realistic about the very real effects of continued underfunding across the health service. It’s now bey... more > more last word articles >

the scalpel's daily blog

The robots are here at East Suffolk and North Essex

12/12/2018The robots are here at East Suffolk and North Essex

Lauren Hockney, senior communications officer at East Suffolk and North Essex NHS FT (ESNEFT), outlines how her trust is embracing the digital and automation revolution. Robots have arrived at the ESNEFT, and they are giving back hundreds of hours to staff so they can spend more time helping patients. The trust, which includes Colche... more >
read more blog posts from 'the scalpel' >

comment

Creating a volunteer 'passport'

12/12/2018Creating a volunteer 'passport'

By utilising the health service’s volunteers, we can deliver better care for everyone, argues Kay Fawcett OBE, clinical project lead at Hel... more >
Right people, right place, right now

12/12/2018Right people, right place, right now

Sean Duggan, chief executive of the Mental Health Network, raises concerns around the mental health workforce and shares some best practice from ... more >
Breaking down barriers to integration

12/12/2018Breaking down barriers to integration

Anne Marie Morris, member of the Public Accounts Committee (PAC) and MP for Newton Abbott, outlines the committee’s recent report on the ba... more >
An attack on them is an attack on us all

12/12/2018An attack on them is an attack on us all

Chris Bryant MP discusses the new law he championed that came into effect in September, which doubles jail time for anyone who assaults emergency... more >

interviews

How can winter pressures be dealt with? Introduce a National Social Care Service, RCP president suggests

24/10/2018How can winter pressures be dealt with? Introduce a National Social Care Service, RCP president suggests

A dedicated national social care service could be a potential solution to surging demand burdening acute health providers over the winter months,... more >
RCP president on new Liverpool college building: ‘This will be a hub for clinicians in the north’

24/10/2018RCP president on new Liverpool college building: ‘This will be a hub for clinicians in the north’

The president of the Royal College of Physicians (RCP) has told NHE that the college’s new headquarters based in Liverpool will become a hu... more >
Duncan Selbie: A step on the journey to population health

24/01/2018Duncan Selbie: A step on the journey to population health

The NHS plays a part in the country’s wellness – but it’s far from being all that matters. Duncan Selbie, chief executive of Pu... more >
Cutting through the fake news

22/11/2017Cutting through the fake news

In an era of so-called ‘fake news’ growing alongside a renewed focus on reducing stigma around mental health, Paul Farmer, chief exec... more >

health service focus

View all News