FAS Heard Case against Ministry of Health Care & Social Development
OREANDA-NEWS. May 07, 2009. The Federal Antimonopoly Service (FAS Russia) heard the case initiated against the Ministry of Health Care and Social Development of the Russian Federation for violating Part 1 Article 17 of the Federal Law "On Protection of Competition" and against the Ministry of Health Care and Social Development of the Russian Federation and "PROTEK" Tsentr Vnedrenia" CJSC, "Biotek" Ltd., "Pharmstandart" OJSC, "Firma EVROSERVICE" CJSC and "R-Pharm" CJSC for violating Article 16 of the Federal Law "On Protection of Competition", reported the press-centre of FAS Russia.
In particular, the Ministry of Health Care and Social Development of the Russian Federation violated the law by separating substitute growth hormone medications, that have the same international generic name, in different lots specifying the international generic name, pharmaceutical form, dosage and packing of medications in accordance with the medications under the "Somatropin" international generic name, registered and authorised for medical application in the Russian Federation. As a result, in each lot it was possible to procure only one medication of a single producer.
Having investigated the case, FAS Russia found that the Ministry of Health Care and Social Development of the Russian Federation violated Part 1 Article 17 of the Federal Law "On Protection of Competition" by undertaking competition-preventive actions in organising an open tender for governmental contracts for supplying medications for treatment of hemophilia, cystic fibrosis, hypophyseal nanism, Gaucher's disease, myeloleukemia and multiple sclerosis, and treatment after transplantation of organs and (or) tissues.
FAS Russia issued a determination to the Russian Ministry of Health Care and Social Development to eliminate the violation of Part 1 Article 17 of the Federal Law "On Protection of Competition".
The proceedings against the Ministry of Health Care and Social Development of the Russian Federation and "PROTEK" Tsentr Vnedrenia" CJSC, "Biotek" Ltd., "Pharmstandart" OJSC, "Firma EVROSERVICE" CJSC and "R-Pharm" CJSC for violating Article 16 of the Federal Law "On Protection of Competition" were terminated in the absence of formal elements of the offence.
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