ANNUAL REPORT 2021
LUNDBECK
ANNUAL REPORT 2021
= CONTENTS
CONSOLIDATED FINANCIAL STATEMENTS
NOTES 15-16
15 PROVISIONS
2021
Discounts
and rebates
Product
returns
DKKm
DKKm
Other
provisions
DKKm
Total
DKKm
76/111
Other provisions
Of other provisions at 31 December 2021, DKK 253 million (DKK 161 million in 2020) relates to restructuring
programs. This amount includes the restructuring costs announced during 2021 of around DKK 200 million,
which was recognized in sales and distribution costs in October 2021.
In addition, other provisions comprise liabilities relating to items such as legal disputes.
Provisions at 1 January
1,002
179
630
1,811
Effect of foreign exchange differences
76
10
21
107
Provisions charged
1,790
101
407
2,298
Provisions used
(1,945)
(205)
Unused provisions reversed
(498)
(71)
(2,648)
(71)
Provisions at 31 December
923
85
489
1,497
Provisions break down as follows:
Non-current provisions
Current provisions
Provisions at 31 December
38
54
923
47
435
1,405
923
85
489
1,497
92
22
Discounts and rebates
The most significant sales deductions are in the U.S. and comprise discounts and rebates given in connection
with sales under the U.S. Federal and State Government Healthcare programs, primarily Medicaid.
Management's estimate of discounts and rebates is based on a calculation which includes a combination of
historical product/population utilization mix, price increases, program/market growth and state-specific
information. Further, the calculation of rebates involves legal interpretation of relevant regulations and is
subject to changes in interpretive guidance from governmental authorities. The obligations for discounts and
rebates are incurred at the time the sale is recorded; however, the actual rebate related to a specific sale
may be invoiced by the authorities six to nine months later. In addition to this billing time lag, there is no
statute of limitations for states to submit rebate claims; thus, rebate adjustments in any particular period may
relate to sales from a prior period. Moreover, when a product loses exclusivity, shifts in payer mix may cause
Medicaid claims/estimates to be more volatile.
Product returns
The Group has product return obligations normal for the industry. Management does not expect any major
losses from these obligations apart from the amount already recognized.
16 CONTINGENT ASSETS AND CONTINGENT LIABILITIES
Pending legal proceedings
Lundbeck is involved in a number of legal proceedings, including patent disputes, the most significant of
which are described below. The outcome of these proceedings is not expected to have a material impact on
the financial position or cash flows beyond the amount already provided for in the financial statements, or it
is too uncertain to make a reliable provision. Such proceedings will, however, develop over time, and new
proceedings may occur which could have a material impact on the financial position and/or cash flows.
In June 2013, Lundbeck received the European Commission's decision that agreements concluded with four
generic competitors concerning citalopram violated competition law. The decision included fining Lundbeck
EUR 93.8 million (approximately DKK 700 million). Lundbeck paid and expensed the fine in the third quarter
of 2013. In March 2021, the European Court of Justice rejected Lundbeck's final appeal of the European
Commission's decision. So-called "follow-on claims" for reimbursement of alleged losses, resulting from
alleged violation of competition law, often arise when decisions and fines issued by the European
Commission are upheld by the European Court of Justice. Health authorities in the UK and an umbrella
organization of Dutch health insurance companies have taken formal protective steps against Lundbeck with
the principal purpose of preventing potential claims from being time-barred under the applicable statutes of
limitation. In September 2021, the UK proceedings were transferred from the High Court to the Competition
Appeal Tribunal at the request of the parties. Lundbeck expects that the UK health authorities will now pursue
their alleged claims. Further, in late October 2021, Lundbeck received a writ of summons from a German
health care company claiming compensation for an alleged loss of profit plus interest payments, allegedly
resulting from Lundbeck's conclusion of agreements with two of the four generic competitors, which were
comprised by the EU Court of Justice ruling. Lundbeck is preparing its defence and it may take several years
before a final conclusion is reached by the German courts. Lundbeck disagrees with the claims and will
defend itself against the claims.View entire presentation