China has imposed a record fine of three billion yuan (HK$3.78 billion)
on British pharmaceuticals giant GlaxoSmithKline (GSK) for bribing
doctors to use its drugs.
Mark Reilly, the former head of GSK in China, was sentenced to three
years in jail suspended for four years. He would be expelled from China,
Xinhua reported. Four other GSK executives - all Chinese - were given
suspended jail sentences ranging from two to three years.
Changsha Intermediate People's Court in Hunan province ruled GSK was
guilty of "bribing non-government personnel". The fine imposed on GSK
was the biggest ever by a Chinese court, Xinhua said. All defendants had
accepted the verdict and the sentences and would not appeal, it said.
GSK would pay the fine with cash on hand and would take a charge
against its third-quarter earnings, the London-based company said in a
statement yesterday. GSK also published a statement of apology to the
Chinese government and Chinese people, saying it "deeply regrets the
damage caused".
"This has been a deeply disappointing matter for GSK," said chief
executive Andrew Witty. "We have and will continue to learn from this."
The company said it would continue to invest in China and support new
drugs research in the country. It also promised to make products more
accessible to rural residents "through greater expansion of production
and through price flexibility".
A market observer believed the case would have a positive effect on China's pharmaceutical industry.
"A heavy punishment is necessary to rescue the pharmaceutical
sector," said Liao Mingtao, a senior partner at Shanghai Hui Ye Law
Firm. "It was not just GSK that paid the price, and it was a lesson that
all the other players, including the foreign and domestic companies,
should learn."
The ruling drew to a close an investigation launched in July last year.
The investigation found that Reilly, with the support of other GSK
executives, set up sales units that gained billions of yuan in illegal
income by bribing doctors, hospitals and health officials to use its
drugs.
The police also found that GSK vice-president Zhang Guowei, legal
affairs supervisor Zhao Hongyan and Reilly conspired in 2012 to bribe
law enforcement and other officials in Beijing, Shanghai and other
cities to interrupt the investigation.
Xinhua said the case showed the government's determination to rule
the country by law and treat all enterprises equally. The current party
Central Committee's fourth plenum next month is set to promote the rule
of law.
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