12/01/2009 (Competition / Switzerland)
The Competition Commission (Competition Commission) has ruled that agreements fixing resale prices between producers and distributors of three medicines off the list is illegal. It imposes on the undertakings concerned, Pfizer AG, Eli Lilly (Switzerland) SA and Bayer (Schweiz) AG, a fine of CHF 5.7 million.
In this case, the three producers have fixed prices for the resale in the form of government recommended prices for their products to combat erectile dysfunction (Viagra, Cialis and Levitra). These prices are integrated into the information system of the class or are transmitted directly from wholesalers to pharmacies and doctors dispensanti that the vast majority of those whom they bill their patients. The competition commission is of the opinion that these practices are agreements which impose resale prices, and therefore such agreements are illegal under Article 5 paragraph 4 of the Federal Law on Cartels (ACart).
This system of fixing resale prices stems from the cartel Sanphar, which was banned in 2000. Sanphar was a sectoral agreement enabling them to fix the resale price in terms of criteria for determining the margins. The competition commission finds that the basic idea of \u200b\u200bthis agreement has survived against these medicines sold on prescription, but not reimbursed by the underlying disease. Covering all the relevant market, the system stabilizes the factory price of manufacturers and distributors gini Mar. Therefore COMCO has banned pharmaceutical companies interested in continuing to publish and imposed a total fine of CHF 5.7 million.
Quest'inchiesta related to the three drugs known as "off-list" Viagra, Cialis and Levitra. They are sold against prescription, but since they are not reimbursed by health insurance companies, their price is set by the authorities but by the retailers themselves. Therefore, the relevant market is subject to general rules of competition law, rules that should not be circumvented by the operators, as in the case.
more information: Bayer is accused of illegal price agreements
Cases of price cartels in which Bayer is involved:
· Bayer, Chemtura: Cartel price of chemicals for rubber
· Bayer, Menarini and Abbott: Antitrust sanctions on cartel price Sales of diagnostic tests
· The agency's antitrust fine Abbott and Bayer Portugal for illegal price agreements
· Bayer, Abbott: The Antitrust Authority fined five "big" pharmaceutical
Coalition against Bayer Dangers
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Fax: (+49) 211-333940 Tel: (+49) 211-333911
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