OREANDA-NEWS. April 04, 2014. “Baxter” CJSC restricted competition and infringed the interests of “Medical Service Company” Ltd. by unlawfully refusing to supply a unique drug for treating renal deficiency through peritoneal dialysis in the Samara region.

The FAS Commission arrived to that conclusion on 25th March 2014 upon investigating an antimonopoly case against “Baxter” CJSC, since such company actions directly violate Clause 5 Part 1 Article 10 of the Federal Law “On Protection of Competition”. FAS issued a mandatory determination to “Baxter” CJSC to eliminate the violation.

Earlier FAS initiated a case against “Baxter” CJSC due to a failure to execute the warning issued by the antimonopoly authority not to refuse to supply “Extraneal” (the International Non-Proprietary Name – “Icodextrin”) to “Medical Service Company” Ltd. that provides integrated medical services for organizing and exercising the procedures of out-patient peritoneal dialysis in the Samara region.

“Baxter” CJSC considered the warning issued by the antimonopoly authority unlawful and unreasonable, and filed a lawsuit. Moscow Arbitration Court, however, dismissed the claim of “Baxter” CJSC.

“The procedures used by “Baxter” CJSC for selecting counteragents do not have clear criteria for selecting and approving counteragents; the deadlines and procedures for considering offers; the procedures and conditions for working with them and terminating contractual relations; the criteria and deadlines for decision-making. Economically and technologically unjustified refusal of the company to supply the medicine leads to restricting competition and infringing the interests of “Medical Service Company” Ltd.”, pointed out the Head of FAS Department for Control over Social Sphere and Trade, Timophei Nizhegorodtsev.