Court Supports FAS: Baxter Should Have Listened to Warning
OREANDA-NEWS. February 11, 2014. Moscow Arbitration Court confirmed legitimacy of the warning issued by the Federal Antimonopoly Service (FAS Russia) to “Baxter” CJSC due to signs of violating the antimonopoly law (Clause 5 Part 1 Article 10 of the Federal Law “On Protection of Competition”). The company unreasonably refused to conclude a contract with “Medical Service Company” Ltd. for supplying medicines with “Icodextrin” International Non-Proprietary Name (“Extranil”).
Earlier FAS warned “Baxter” CJSC to eliminate the signs of the violation and conclude a contract with “Medical Service Company” Ltd. for supplying “Extranil”. “Baxter” CJSC considered the warning unlawful and unreasonable and approached the Arbitration Court.
Moscow Arbitration Court, however, supported FAS and dismissed the claim.
“FAS has initiated a case against “Baxter” CJSC. The company did not listen to the warning that refusing to supply “Extranil” – a unique medicine for treating renal insufficiency by peritoneal dialysis – is inadmissible. The economically and technologically unjustified refusal has signs of abusing market dominance, and FAS intends to investigate the situation”, stated the Head of FAS Department for Control over Social Sphere and Trade, Timophei Nizhegorodtsev.
Комментарии