Cassation Court Confirmed Fact of Pharmaceutical Cartel
OREANDA-NEWS. April 29, 2013. and the 9th Arbitration Appeal Court on the case against “Rosta” CJSC and “Pharmstandart” Ltd.
On 25th May 2012, FAS found that the companies violated Clause 2 Part 1 Article 11 of Federal Law “On Protection of Competition” by taking part in a bid-rigging collusion for purchasing drugs.
Investigating the case, FAS established that “Rosta” CJSC and “Pharmstandart” Ltd. concluded and implemented an agreement which resulted in maintaining prices at an open auction for supplying drugs (“Pulmozyme”) for public needs. (“Pulmozyme”is used to treat patients with certain chronic lung diseases (bronchiectatic disease, chronic obstructive pulmonary disease, lung birth defect affecting children, chronic pneumonias, immunodeficiency disorder with lung damage, etc.). The initial rice of the auction lot was more than 670 million Rubles.
FAS fined “Rosta” CJSC and “Pharmstandart” Ltd. over 400 million Rubles.
“FAS has been able to defend its position at the hearing at the Cassation Court, and it is important for both the competition authority that already passed several similar decisions with regard to big pharmaceutical companies upon the facts of bid-rigging collusions for purchasing drugs, and the investigators of the Ministry of Interior that are investigating the criminal case under Article 178 of the Criminal Code of the Russian Federation upon the fact of restricting competition at the auctions”, pointed out the Head of FAS Anti-Cartel Department, Alexander Kinyov.
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