National Markets and Competition Commission (CNMC) started Investigation into many companies in the pharmaceutical industry for “possible anti-competitive practices” Distribution of medicines to Spanish pharmacies. This is a very preliminary process and the agency does not provide further details in this regard, stating that relevant investigations have already been carried out and that the accusation has not been made. “Exchange of information between different organizations in the sector“, but if approved, could result in fines of up to 10% of the total business of violating companies. According to the latest results presented by The largest Spanish companies dedicated to pharmaceutical distributionWe are talking about sanctions of up to 400 million euros. And if the goal was large laboratorieseven 600 million.
What is known for now is that between 27 and 30 November, this organization carried out “various inspections” at the headquarters of “various organizations in the pharmaceutical sector” within the framework of an investigation opened “for the alleged existence of anti-discrimination activities”. competitive practices”. According to the theory of CNMC sources, the origin may be: receive a complaint regarding this wave detection of an irregularity. “These applications will consist of information exchange between different organizations in the pharmaceutical industry,” the organization said in a statement.
This may refer to: coordination of distribution and sales prices between each other or distribution of market areas On the one hand, to prevent troubles between companies, and on the other hand, to prevent more competitors from entering the market. “No further details were given about what was being investigated until the next step, which was to launch the file,” the same sources said.
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Now, if, after these audits have been carried out, all the materials collected lead to the conclusion that anti-competitive practices have actually taken place, CNMC would initiate an official file. This does not necessarily mean that the companies are to blame, on the contrary This body regulates competition in the market They have solid evidence to believe that it is. Once this file is opened, companies can object and defend their positions, and only after acceptance or rejection can sanctions be imposed.
“The audit is a preliminary step in the investigation process into alleged anti-competitive conduct and does not prejudice the outcome of the investigation or the culpability of the companies,” the CNMC insists, recalling its statement a few lines below. “These applications are a very serious violation of competition lawThis may involve a fine of up to 10% of the total turnover of the offending companies in the year immediately preceding the date of imposition of the penalty.”
Specifically, if this exchange of information had occurred, Competition Defense Law (underdeveloped DC) And Law on the Protection of Competition Treaty on the Functioning of the European Union.