The National Commission of Markets and Competition (CNMC) has filed a disciplinary proceeding against several laboratories for possible anti-competitive conduct.
The file has been opened against Pfizer , Janssen -Cilag, Merck Sharp & Dohme, Lilly , Sanofi – and Novartis in relation to “the establishment of systems of distribution through which have implemented or would claim to implement a dual pricing system” . The CNMC warns that there would also be a “collusive agreement between laboratories in the design and establishment of these distribution systems”.
This case has its origin in a complaint filed by the European Association of Euro Pharmaceutical Companies (EAEPC) in 2007 against the mentioned laboratories. The CNMC did not detect any indications of infringement and decided not to initiate a sanctioning procedure and to order the filing of the proceedings.
However, in March 2016, the Supreme Court annulled the resolution in which it was agreed, and urged the CNMC to continue its proceedings in relation to these events.