OREANDA-NEWS. July 04, 2014. The 9th Arbitration Appeal Court dismissed the appeal of “Novo Nordisk” Ltd. on a judgment of Moscow Arbitration Court that supported a FAS warning issued to “Novo Nordisk” Ltd. with regard to some elements of violating Clauses 3, 5 Part 1 Article 10 of the Federal Law “On Protection of Competition”. “Novo Nordisk” Ltd. imposed disadvantageous contract conditions for supplying drugs and unreasonably avoided a contract with “Severo-Zapadnoe Torgovo-Promyshlennoe Predpriyatie” CJSC.

Earlier FAS warned “Novo Nordisk” Ltd. to eliminate elements of violating the antimonopoly law. The company partly executed the warning and voluntarily excluded some disadvantageous supply conditions from a contract but still did not deliver the goods to a buyer.

At the same time, “Novo Nordisk” Ltd. considered FAS conclusions about the elements of violating the antimonopoly unlawful, and filed a lawsuit to Moscow Arbitration Court, which was dismissed.

“Unreasonably avoiding a contract and imposing disadvantageous conditions constitute abuse of dominance. By warning “Novo Nordisk” Ltd., FAS gave it an opportunity to correct its behaviour on the market and avoid possible liability. Thus, FAS warning to “Novo Nordisk” Ltd. is legitimate and should be fully executed. Unwillingness of “Novo Nordisk” Ltd. to listen to the conclusions made by the antimonopoly body will be taken into account considering a case on violating the antimonopoly law, initiated due to a refusal of “Novo Nordisk” Ltd. to execute a warning”, pointed out the Head of FAS Department for Control over Social Sphere and Trade, Timophei Nizhegorodtsev.