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AstraZeneca Annual Report and Form 20-F Information 2011

AstraZeneca Annual Report and Form 20-F Information 2011

AstraZeneca Annual Report and Form 20-F Information 2011

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RiskSupply chain <strong>and</strong> delivery risksManufacturing biologicsManufacturing biologics, especially in large quantities, is complex <strong>and</strong> may require the use ofinnovative technologies to h<strong>and</strong>le living micro-organisms <strong>and</strong> facilities specifically designed <strong>and</strong>validated for this purpose, with sophisticated quality assurance <strong>and</strong> control procedures.Reliance on third parties for goodsWe increasingly rely on third parties for the timely supply of goods, such as specified rawmaterials (for example, the active pharmaceutical ingredient in some of our medicines),equipment, formulated drugs <strong>and</strong> packaging, all of which are key to our operations.Unexpected events <strong>and</strong>/or events beyond our control could result in the failure of the supplyof goods. For example, suppliers of key goods we rely on may cease to trade. In addition, wemay have limited supply of biological materials, such as cells, animal products or by-products.Furthermore, government regulations in multiple jurisdictions could result in restricted accessto, use or transport of, such materials.ImpactSlight deviations in any part of the manufacturingprocess may result in lot failure, product recalls orspoilage, for example due to contamination.ImpactThird party supply failure could materially adverselyaffect our financial condition <strong>and</strong> results ofoperations. This may lead to significant delays <strong>and</strong>/or difficulties in obtaining goods <strong>and</strong> services oncommercially acceptable terms.Loss of access to sufficient sources of suchmaterials may interrupt or prevent our researchactivities as planned <strong>and</strong>/or increase our costs.Further information is contained in the Managingsourcing risk section on page 39.Legal, regulatory <strong>and</strong> compliance risksAdverse outcome of litigation <strong>and</strong>/or governmental investigationsWe may be subject to legal proceedings <strong>and</strong> governmental investigations. Litigation, particularlyin the US, is inherently unpredictable <strong>and</strong> unexpectedly high awards for damages can resultfrom an adverse verdict. In many cases, plaintiffs may claim compensatory, punitive <strong>and</strong>statutory damages in extremely high amounts. In particular, the marketing, promotional, clinical<strong>and</strong> pricing practices of pharmaceutical manufacturers, as well as the manner in whichmanufacturers interact with purchasers, prescribers, <strong>and</strong> patients, are subject to extensiveregulation, litigation <strong>and</strong> governmental investigation. Many companies, including <strong>AstraZeneca</strong>,have been subject to claims related to these practices asserted by federal <strong>and</strong> stategovernmental authorities <strong>and</strong> private payers <strong>and</strong> consumers which have resulted in substantialexpense <strong>and</strong> other significant consequences. Note 25 to the Financial Statements from page181 describes the material legal proceedings in which we are currently involved.Substantial product liability claimsPharmaceutical companies have, historically, been subject to large product liability damagesclaims, settlements <strong>and</strong> awards for injuries allegedly caused by the use of their products.Adverse publicity relating to the safety of a product or of other competing products mayincrease the risk of product liability claims.Failure to adhere to applicable laws, rules <strong>and</strong> regulationsAny failure to comply with applicable laws, rules <strong>and</strong> regulations may result in civil <strong>and</strong>/orcriminal legal proceedings being filed against us, or in us becoming subject to regulatorysanctions. Regulatory authorities have wide-ranging administrative powers to deal with anyfailure to comply with continuing regulatory oversight (<strong>and</strong> this could affect us, whether suchfailure is our own or that of our third party contractors).ImpactInvestigations or legal proceedings, regardless oftheir outcome, could be costly, divert managementattention, or damage our reputation <strong>and</strong> dem<strong>and</strong> forour products. Unfavourable resolution of current <strong>and</strong>similar future proceedings against us could subjectus to criminal liability, fines, penalties or othermonetary or non-monetary remedies; require us tomake significant provisions in our accounts relatingto legal proceedings; <strong>and</strong> could materially adverselyaffect our financial condition <strong>and</strong> results ofoperations.ImpactSubstantial product liability claims that result incourt decisions against us or in the settlement ofproceedings could materially adversely affect ourfinancial condition <strong>and</strong> results of operations,particularly where such circumstances are notcovered by insurance. Further details of ourSeroquel product liability litigation are set out inNote 25 to the Financial Statements from page 181.ImpactThis could materially adversely affect the conduct ofour business.For example, once a product has been approvedfor marketing by regulatory authorities, it is subjectto continuing control <strong>and</strong> regulation, such as themanner of its manufacture, distribution, marketing<strong>and</strong> safety surveillance. In addition, any amendmentsthat are made to the manufacturing, distribution,marketing <strong>and</strong> safety surveillance processes ofour products may require additional regulatoryapprovals, which could result in significant additionalcosts <strong>and</strong>/or disruption to these processes. Suchamendments may be imposed on us as a result ofthe continuing inspections to which we are subjector may be made at our discretion. It is possible,for example, that regulatory issues concerningcompliance with current Good ManufacturingPractice or safety monitoring regulations forpharmaceutical products (often referred to aspharmacovigilance) could arise <strong>and</strong> lead to lossof product licences, product recalls <strong>and</strong> seizures,interruption of production leading to productshortages <strong>and</strong> delays in new product approvalspending resolution of the issues.136 Risk<strong>AstraZeneca</strong> <strong>Annual</strong> <strong>Report</strong> <strong>and</strong> <strong>Form</strong> <strong>20</strong>-F <strong>Information</strong> <strong>20</strong>11

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