OREANDA-NEWS. May 24, 2011. The Federal Antimonopoly Service (FAS Russia) terminated the proceedings against the Ministry of Health Care and Social Development due to voluntary elimination of violations of Clauses 2 and 5 Part 1 Article 15 of the Federal Law “On Protection of Competition”, reported the press-centre of FAS Russia.

The Ministry violated the law by issuing No.110 Order “On the Procedures for Prescribing Medicines, Products for Medical Purposes and Specialized Health Food Products” of 12th February 2007, which approved the instructions about the proceedings for prescribing medicines. The instructions contained certain restrictions such as to prescribe only medicines included in the List of Vital and Essential Medicines for providing care to particular categories of citizens who have the right for state social assistance as well as for health administrative bodies of constituent territories of the Russian Federation, which resulted in restricting competition in procurement of medicines for state and municipal needs.

By No.13N Order of 20th January 2011, the Ministry made changes to No.110 Order – to the instructions on the procedures for prescribing medicines. According to the Order, the requirements for the constituent territories of the Russian Federation to compile regional lists of medicines on the basis of the List of Vital and Essential Medicines were excluded from the instructions. The requirement to prescribe medicines used to render out-patient medical case on the basis of the List of Vital and Essential Medicines was also removed from the instructions.

Thus, the Ministry of Health Care and Social Development voluntarily eliminated the antimonopoly violations.

Reference:

Clauses 1 Part 1 Article 15 of the Federal Law “On Protection of Competition” prohibits federal executive bodies, executive bodies of the constituent territories of the Russian Federation, local self-government bodies, other bodies and organizations exercising the functions of the above bodies, as well as state extra-budgetary funds, the Central Bank of the Russian Federation to pass acts and (or) exercise actions (omissions) that lead or can lead to preventing, restricting, eliminating competition, except cases of adopting acts and (or) exercising such actions (omissions) that are provided for by the federal laws, and prohibits restrictions of formation of economic entities in a particular field of activity or introduction of restriction with regard to particular types of activities or production of particular goods.