Issue link: https://maltatoday.uberflip.com/i/1330252
MATTHEW VELLA NOVARTIS Malta has filed an appeal before the Public Con- tracts Review Board (PCRB) to stop the government from issu- ing a competitive procurement process for a medication it al- ready has stocks for. Top brass from the Swiss phar- maceutical giant Novartis have accused the Maltese government of breaching EU rules on medi- cine procurement. In a strongly worded letter to Prime Minister Robert Abela dated 2 Decem- ber 2020, the company accused the Maltese government of not following EU rules on the way it procures its medicines. The matter has been ongoing since January 2020. Novartis contends that the Central Procurement Supplies Unit, which is responsible for all government procurement of me- dicinals, is bypassing local agents who already supply Novartis products and have readily-availa- ble stocks of required medicines. The complaint concerns the supply of the Novartis medicine Cosentyx, a prescription med- ication that is used for plaque psoriasis, psoriatic arthritis, and ankylosing spondylitis. Novartis insists that the CPSU is obliged to tap into local sources of stocked medicinals before seeking out other importers to provide any medicines that are out-of-stock. In Malta, Novartis has been supplying the CPSU through a local distributor with Cosentyx since 2016 until August 2019. But in November 2019, when the CPSU ran out of its Cosentyx supplies, it did not open negoti- ations with the Novartis distrib- utor, which has regular stocks of the medicinal. Instead, it turned out that the CPSU was supplying patients with Cosentyx imported into Malta from outside the EU, more specifically from Australia by a company called Target Health- care Limited, owned by Lewis Campbell. The latest direct order was last published on 29 Septem- ber, with Target selected to pro- vide the Cosentyx medication. In comments to MaltaToday, the health ministry and the CP- SU claim that Malta has a situ- ation of monopoly given the ex- clusive rights of Novartis on the local market. "The claims by Novartis are not factual and the Health De- partment had duly replied to the company directly. The PCRB ruled that CPSU were to pro- ceed with the tendering process, as was done," the ministry told MaltaToday. "Moreover Novartis were re- minded once again that as per direction given by the PCRB in Malta, when there is an appeal, the contracting authority is dis- couraged from procuring sup- plies, services or works, from the same company that filed the ap- peal due to abuse of dominance and to observe principle of com- petition rights. "Therefore the CPSU had the responsibility not to interrupt treatment for patients and issued other procurement process to guarantee continuation of treat- ment," the ministry said. The ministry said the award was assigned to a UK supplier who supplied Malta with stocks that were being supplied to the UK market as well. "An alternative treatment is now being supplied through a contract that was awarded fol- lowing the proceedings of an open call for tender. The data on such award has been duly pub- lished as per legislation and is available to the public," the min- istry said. Novartis claims the CPSU's acquisition of the Australian imports of Cosentyx are con- trary to EU laws "which require medicinal products distributed in the EU to bear safety features consisting of a unique identified and an anti-tampering device, and poses a risk to public health due to the unregulated distribu- tion channels involved in their importation into Malta." 16 maltatoday | SUNDAY • 17 JANUARY 2021 NEWS The Flying Carpet Importers of hand-knotted Oriental carpets THE FLYING CARPET - OLD RAILWAY TRACK, ATTARD Mon - Tues, Thurs - Sat 10am – 12pm • Wednesday morning closed Mon - Fri – 4.30pm - 7pm Importers of: Various hand knotted carpets and Kilims, Non Slip Underlay, Dry and Liquid shampoo. Mobile No. 7953 7664 Novartis monopoly can be challenged, says health ministry over drugs dispute