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Romanian Competition Council sanctioned Roche Romania with fine of 12,8 million euros

Christian Fernsby |
The Competition Council sanctioned the pharmaceutical company Roche Romania SRL with fines totalling lei 59,967,944 lei (Euro 12,857,897) for abuse of dominant position on the market of oncological products in Romania.

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Topics: ROMANIA    ROCH    FINE   

The sanctions were applied following two investigations opened in 2017.

In the first investigation, the competition authority found that between 2017 and 2019, Roche manufacturer adopted a commercial strategy aimed at eliminating competition during the auctions and at delaying the entry of similar medicines on the market.

During 2017, Roche's behaviour manifested in the context of participating in the centralized public procurement for medicines containing the Rituximab and Trastuzumab substances within the National Oncology Program as well as in 47 tenders organized at the hospital level for supplying the same medicines.

In order to avoid to monopolize the medicine distribution market, the legislation in force provides that a manufacturer is obliged to supply medicines to at least three distributors.

Thus, although Roche marketed the medicines containing Rituximab and Trastuzumab to the partner distributors, who were also competitors in these auctions, the price offered to the distributors was higher than its offered price.

In this way, Roche eliminated the competition in the auction because the distributors were not able to participate in these procedures under reasonable conditions so that to ensure them to carry out their activity effectively and profitably.

At the same time, this strategy was motivated by the intention to delay and make harder the access to the market of similar drugs containing Rituximab and Trastuzumab substances (Mabthera and Herceptin) competing with Roche products.

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