The Arbitration Court took the side of FAS in a dispute with “Pharmsintez” PJSC
On 29 September 2016, Moscow Arbitration Court pronounced legitimacy of a refusal of the Federal Antimonopoly Service (FAS) to approve the maximum ex-works prices announced by “Pharmsintez” PJSC for a drug manufactured by “Kevelt” (Estonia).
The reason for FAS refusing to conduct economic analysis was the claimant submitting the maximum ex-works price for an official registration that exceeded the earlier excluded price for the same medicinal drug by nearly threefold. The application for price registration was filed just four months after the exclusion.
On 1 October 2015, a norm came into force, preventing an unreasonable growth of prices for medicinal drugs and designed to eliminate for three years any price increases for the drug earlier excluded from the Price Register (1).
FAS refusal to conduct economic analysis formed the grounds for the Ministry of Health Care refusing an official registration of the maximum ex-works price for “Prostenongel”.
The claimant disagreed with the arguments put forward by the authorities and filed a lawsuit. Moscow Arbitration Court pronounced legitimacy of the decisions made by FAS and the Ministry of Health Care and dismissed the claim in full.
Reference:
- Price Register – a state register of the maximum ex-works prices for the medicinal drugs included in the List of vital and essential drugs.