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AMCU Imposed New Penalties for Anticompetitive Concerted Actions in Ukrainian Pharmaceutical Market

On September 29, 2016, the Antimonopoly Committee of Ukraine imposed a penalty on pharmaceutical company «Servier Ukraine» LLC and Ukrainian distributors for anticompetitive concerted actions during 2011-2012.

In this case the Committee found at once two types of competition violations. Thus, in the course of investigation on the relations between «Servier Ukraine» LLC and such distributors as Optima-Pharm and BaDM, the AMCU detected anticompetitive concerted actions in the form of taking over the markets of medicinal products of Servier group of companies, which are sold in the territory of Ukraine that led to unjustified increase of prices for medicinal products purchased under public procurement procedures in 2011-2012.

On the other hand, in the contractual relations between «Servier Ukraine» LLC and such distributors as «Alba-Ukraine» LLC, «Lyudmila-Pharm» LLC and «ASTA» LLC the Committee found anticompetitive concerted actions related to the allocation of markets according to the circle of customers in the area of public procurements.

As a result, the following penalties were imposed on the defendants of the case: «Servier Ukraine» LLC – UAH 1 695 691, «Optima-Pharm Ltd» LLC – UAH 179 723, «BaDM» LLC – UAH 902 655, «Alba-Ukraine» LLC – UAH 399 999, «Lyudmila-Pharm» LLC - UAH 25 712, «ASTA» LLC – UAH 423 573.

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