ASTELLAS PHARMA PRODUCTION COMPLIED WITH WARNING OF FAS RUSSIA AHEAD OF SCHEDULE

The company excluded the restrictive clause from its trade policy and revised the decision to conclude a drug supply agreement

Earlier, Astellas Pharma Production refused to conclude an agreement with the supplier Farm Trade for medicines with Mirabegron INN (Betmiga W.B.) and Ipragliflozin INN (Suglat W.B.). The pharmaceutical company argued the refusal based on the presence in its trade policy of such a criterion for selecting distributors as a turnover of at least 10 billion rubles per year.

According to the FAS Russia, such an economically and technologically unjustified refusal, as well as the presence of this clause in the document, could limit new suppliers' ability to enter the market and prevent the establishment of balanced prices for these drugs in public procurement. The FAS Russia issued a warning to the company on the need to eliminate signs of abuse of a dominant position*.

As part of the warning, Astellas Pharma Production excluded the competition-limiting criterion for selecting suppliers from its trade policy. The company also concluded a contract with Pharm-Trade for the supply of drugs for a period corresponding to the validity period of the remaining concluded contracts.

Reference:

*Paragraph 5 of Part 1 of Article 10 of the Federal Law of July 26, 2006, No. 135-FZ “On Protection of Competition”