OREANDA-NEWS. October 02, 2014. Moscow Arbitration Court confirmed legitimacy of the decision and determination of the Federal Antimonopoly Service (FAS Russia) in the case against “Baxter” CJSC for violating the antimonopoly law. The company refused to conclude a contract with “Medical Service Company” Ltd. for supplying drugs with any economic or technological justification.

In March 2014, the FAS Commission found that “Baxter” CJSC violated Clause 5 Part 1 Article 10 of the Federal Law “On Protection of Competition”. FAS also issued a determination to eliminate the antimonopoly violation.

The case against the company was initiated upon failure to execute a warning issued by the Antimonopoly Service that refusals to supply the unique medicine for treating renal deficiency by peritoneal dialysis are unacceptable.

The FAS Commission established that “Baxter” CJSC refused to supply “Extranil” (the International Non-Proprietary Name – Icodextrin) to “Medical Service Company” Ltd., that provides integrated medical services for organizing and rendering out-patient peritoneal dialysis in the Samara region.

Based on the analysis of the market of Icodextrin, “Baxter” CJSC is included in the Register of dominant entities.

The company disagreed with the decision and determination of the Antimonopoly Service and filed a lawsuit. Moscow Arbitration Court, however, dismissed the claim and pronounced legitimacy of FAS actions.