OREANDA-NEWS. July 10, 2012. The 9th Arbitration Appeal Court dismissed the appeal of the Ministry of the Samara Region for Health Care. The Ministry attempted to invalidate FAS decision and determination that entry control violated Clauses 2 and 3 Part 1 Article 15 of the Federal Law “On Protection of Competition”, reported the press-centre of FAS Russia.  

Thus, the judgment of Moscow Arbitration Court of 20th March 2012 came into force.

In January 2011, the Ministry of the Samara Region for Health Care issued a letter “On Counterfeit Medical Drugs”.

In the letter to the heads of municipal health authorities, health care facilities and other medical and pharmaceutical organizations in Samara region, the Ministry recommended to:
- Include a condition on monitoring the quality of medical drugs brought to the Samara region in a section in state of municipal contracts on the requirements to the quality of medical drugs;
- Accepting medical drugs from suppliers, pay attention whether medical drugs have a marking of passing monitoring (entry control).

FAS would like to emphasize that “entry control” over medical drugs, the quality of which is confirmed by declarations (certificates) of conformity, is unlawful.

Any attempts to fix requirements to economic entities in the part of “entry control” in the constituent territories of the Russian Federation constitute violations of the antimonopoly law.

Detailed information about unlawful “entry control” can be found in the third issue of electronic research-and-practice journal “Russian Competition Law and Economics”.