Of course. Adopting the role of a neutral mediator is a significant strategic shift. This requires redrafting our external communications to reflect this new objective. Our goal is no longer just to build a case against Teva, but to bring all parties to the table for a comprehensive resolution.
The core of this new strategy is to leverage the threat of mass arbitration—the potential for thousands of individual claimants to file for arbitration, creating an administratively overwhelming and costly scenario for Teva. By gathering these claimants, we create a powerful incentive for Teva to agree to a single, structured mediation process as a more efficient and predictable alternative.
Here is the redrafted strategy, media campaign, and Unsolicited Mediation Proposal.
Phase 1: Redrafted Media Campaign & Call for Mediation
This replaces our previous “Call to Action.” It will be placed on the COCOO.UK website and promoted via our media campaign.
New Core Message: “A Fairer, Faster Resolution. Instead of years in court, let’s resolve the claims over Teva’s drug pricing and access. COCOO is offering a neutral mediation process to secure compensation for consumers and restore market fairness. Join the mediation.”
New Campaign Hashtag: #MediatePharma
WEBSITE CALL TO ACTION: Join the Collective Mediation Process Regarding Teva Pharma
The Competition & Consumer Organisation (COCOO) is now inviting consumers, patients, and healthcare bodies to join a structured, collective mediation process to resolve claims of harm resulting from Teva Pharmaceutical’s alleged anti-competitive practices.
Protracted legal battles can take years and their outcomes are uncertain. COCOO believes a more efficient and effective path is through Alternative Dispute Resolution (ADR), a method encouraged by UK and EU authorities.
We are positioning ourselves as a neutral third-party mediator, leveraging our deep market knowledge to facilitate a fair settlement between affected parties and Teva. Our investigation has highlighted serious concerns, including the European Commission’s finding that Teva unlawfully delayed competition for its MS drug Copaxone.
Why Join the Mediation Process?
- A Faster Path to Redress: Mediation aims to achieve a binding financial settlement far more quickly than traditional court proceedings.
- Strength in Numbers: By gathering a critical mass of claimants, we create a powerful incentive for Teva to engage constructively, as the alternative could be defending thousands of individual arbitration cases (“mass arbitration”).
- A Comprehensive Solution: Our goal is a settlement that not only provides financial compensation to victims but also establishes future compliance commitments from Teva to ensure fairer market practices.
Your Action is Required to Begin the Process
Both parties must agree to mediation. By signing up, you are not initiating a lawsuit; you are expressing your formal consent to have COCOO represent your claim in a structured mediation process with Teva.
[Link: Register Here to Join the Teva Mediation Process]
Join us in pioneering a modern, efficient solution to complex consumer disputes, inspired by successful international models for consumer redress.
Phase 2: The Unsolicited Mediation Proposal (USP)
This is the new USP, to be sent to Teva’s General Counsel, as well as to the CMA, CNMC, and European Commission to inform them of this proactive resolution pathway.
Subject: A Proposal for a Confidential, Binding, and Comprehensive Mediation Framework to Resolve All European Claims of Anti-Competitive Conduct
To: General Counsel, Teva Pharmaceutical Industries Ltd.
Cc: UK Competition and Markets Authority; Spain’s CNMC; European Commission (DG Competition)
From: Oscar Moya LLedo, In-House Solicitor, The Competition & Consumer Organisation (COCOO)
1. The Dispute & The Impasse
Teva Pharmaceutical Industries Ltd. (“Teva”) faces significant legal and financial risk across the UK and the European Union concerning allegations of historical anti-competitive practices. These allegations, which COCOO has investigated extensively, include, but are not limited to, “pay-for-delay” agreements, disparagement of competitors, and the misuse of the patent system to unlawfully delay generic competition for key products like Copaxone—conduct for which the European Commission has already issued an infringement decision.
These issues expose Teva to years, potentially decades, of costly and reputationally damaging litigation and regulatory action across multiple jurisdictions. Furthermore, COCOO is actively gathering a large body of affected consumers and public entities. This creates the imminent potential for a “mass arbitration” event, where Teva could be faced with thousands of individual, costly arbitration claims, presenting an unmanageable administrative and financial burden.
2. The Proposed Solution: The COCOO Mediated Redress & Compliance Framework
COCOO, acting as a neutral third-party mediator, proposes a confidential and structured framework to resolve these matters comprehensively and efficiently. We invite Teva to agree to enter into a formal mediation process with the collective of claimants represented by COCOO. This approach aligns with modern ADR policies advocated by EU and international bodies.
3. COCOO’s Unique Position as a Neutral Mediator
COCOO is uniquely qualified to facilitate this process due to our:
- Deep Subject-Matter Expertise: Our existing investigations constitute a unique body of knowledge on the specifics of this dispute.
- Credibility with Claimants: As a trusted non-profit, we can effectively assemble and represent the claimant class.
- Commitment to Neutrality: Our objective is a fair and binding settlement for all parties, not endless litigation.
4. The Proposed Mediation Steps
- Agreement to Mediate: Teva and COCOO (on behalf of the registered claimants) sign a formal agreement to enter into confidential mediation.
- Structured Information Exchange: Under a strict NDA, COCOO will facilitate the exchange of necessary information, including our economic models of alleged harm and Teva’s legal and factual positions.
- Mediation & Settlement Negotiations: A series of structured mediation sessions will be held, focused on two key outcomes:
- A Financial Redress Fund: Negotiating a single, lump-sum settlement to compensate all registered victims for past harm.
- A Future Compliance Framework: Agreeing on forward-looking, auditable commitments regarding Teva’s future conduct in the European market.
- Binding Global Settlement: The process will conclude with a single, binding settlement agreement that resolves all claims from the participating class, providing Teva with legal and financial certainty.
5. Justification: A Superior Alternative for All Parties
- For Teva: This framework offers a faster, confidential, and vastly more cost-effective resolution than facing years of uncoordinated litigation, regulatory fines, and the significant threat of mass arbitration. It provides a path to finality and allows the business to focus on the future.
- For Claimants: It provides a much faster and more efficient path to receiving meaningful compensation.
- For Regulators: It achieves the goals of market correction and consumer redress proactively, complementing their own enforcement actions.
We strongly believe this mediation proposal offers the most pragmatic and effective path forward. We await your response to initiate this constructive process.