Industry codes of conduct debated at Pharmaceutical Law Conference

Expert analyst comment from Datamonitor:

The highlight of the opening morning of IIR Conferences’ third annual Pharmaceutical Law Conference in Sydney was a panel discussion focusing on the self-regulated industry's various codes of conduct. Panel members from Medicines Australia (MA), the Generic Medicines Industry Association (GMiA) and the Australian Self-Medication Industry (ASMI) outlined aspects of the codes adopted by their respective industry organisations, and discussed the best way to strike the appropriate level of self regulation.

Of keen interest to the conference attendees was the debate around the GMiA Code of Practice, the second edition of which is currently being assessed by the Australian Competition and Consumer Commission (ACCC). Earlier this month, the ACCC proposed to grant the Code conditional authorisation for three years, “subject to conditions to provide greater transparency around the relationship between the manufacturers of generic medicines and pharmacists".

The panel discussion resulted in some tense moments as MA Director of Innovation & Industry Policy Deborah Monk reiterated concerns over sanctions proposed in the GMiA Code. She also highlighted that because MA and GMiA members compete in the same market, they should adhere to equivalent standards of conduct and equally effective self-regulatory processes. This was countered by GMiA CEO Kate Lynch, who stated that members of the Association feel that their industry is sufficiently different from that of MA members to require its own Code of Conduct.

A major sticking point for MA remains the financial sanctions for breaches found under the GMiA Code, which it defined as “inadequate” in a submission to the ACCC on August 20, 2010. Nevertheless, in the panel discussion’s closing remarks, Ms Monk called for stakeholders to put their differences aside and work together to come to an agreement before the government enforces regulations from a higher level.