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Healthcare: Competition Council applies fines worth 71 million euros on immunoglobulin market
The Competition Council sanctioned five pharmaceutical companies supplying immunoglobulins and other human plasma-derived drugs, as well as the representative association of the Plasma Protein Therapeutics Association (PPTA) (Belgium) with fines worth a total of 353.4 million lei (approximately 71 million euros).
According to a press release sent on last Tuesday, the sanctioned companies are: Baxalta Gmbh, Switzerland - 109 million lei; CSL Behring Gmbh, Germany - 76.8 million lei; Biotest AG, Germany - 25.5 million lei; Kedrion Spa, Italy -16.1 million lei; Octapharma AG, Switzerland - 125.1 million lei; PPTA, Belgium: 375,521 lei.
Following the investigations, launched in 2018, the competition authority found that, in the period 2015-2018, the five companies adopted a coordinated strategy, which aimed at limiting and even interrupting the supply to the Romanian market with immunoglobulins, in order to exert pressure on the authorities to suspend the clawback tax for medicines derived from human blood or human plasma. This way, the companies aimed to create a commercial advantage, namely the improvement of profit margins.
The PPTA facilitated these anti-competitive practices and contributed through its own actions to the achievement of the common goal, thereby going beyond the scope of specific activities at the level of an association in order to influence the legislative process.
Lack of access to immunoglobulins, as essential medicines for the treatment of multiple serious illnesses, has endangered the lives of patients and led authorities to take crisis measures to provide patients with the necessary medicines, by accessing the European Civil Protection Mechanism, which indicates, by default, the magnitude of the gravity of the situation generated on the national market.
The decision of the Competition Authority, which will be published in a non-confidential manner on the institution's Website, can be appealed to the Bucharest Court of Appeal.