OREANDA-NEWS. November 18, 2011. The Federal Arbitration Court of the Moscow District confirmed validity of the Order the Federal Antimonopoly Service (FAS Russia) to include “F. Hoffmann-La Roche” Ltd. and “Roche - Moscow” CJSC in the Register kept by FAS under Clause 8 Part 1 Article 23 of the Federal Law “On Protection of Competition”, reported the press-centre of FAS Russia.

On 15th September 2010, FAS issued an Order to include “F. Hoffmann-La Roche” Ltd. and “Roche - Moscow” CJSC in the Register of economic entities with over 35% share on the market of particular goods, or having a dominant position on the market of particular goods (the Register). In this case – the market of a medicine with “Oselmavir” International Non-Patented Name (the trade name – “Tamiflu”).

The companies thought that the Order was unlawful and filed a lawsuit. On 29th April 2011, Moscow Arbitration Court allowed the claim.

On 25th July 2011, the 9th Arbitration Appeal Court ruled to uphold the judgment of the Court of First Instance and dismissed FAS appeal.

FAS disagreed with the judicial acts and lodged a cassation appeal to the Federal Arbitration Court of the Moscow District asking to overturn the above judicial acts and pass a new act dismissing the claim of “F. Hoffmann-La Roche” Ltd. and “Roche - Moscow” CJSC on invalidating FAS Order of 15th September 2010.

On 10th November 2011, the Cassation Court heard FAS appeal against the ruling of Moscow Arbitration Court of 29th April 2011 and the judgment of the 9th Arbitration Appeal Court of 25th July 2011. The Court overturned the judicial acts, allowing FAS appeal.

Thus, the Cassation Court confirmed legitimacy and reasonableness of FAS including these foreing companies in the Register.