IPSEN COMPANY COMPLIES WITH THE WARNING OF THE FAS RUSSIA

Pharmaceutical company made required amendments to the Commercial policy and signed a contract with a distributor to supply their products

FAS Russia received a notification of the Ipsen LLC that the company ceased the actions that contain signs of violations of the Law on Protection of Competition [1] and, thus, implemented the warning of the Antimonopoly authority.

Earlier, the pharmaceutical company Ipsen, having no economic and technological grounds, refused to enter into a contract for the supply of a number of medicines with Biotek LLC. At the same time, it has previously extended contracts with other contractors, and has repeatedly changed its Commercial policy in the process of reviewing the distributor's application. The company's actions resulted in issuing a warning by the FAS Russia.

“If a company occupies a dominant position in the product market, then only economic or technological reasons can serve as grounds for refusing to enter into a distribution agreement. In the case of Ipsen, they were absent. Therefore, in order to comply with the FAS warning, the company had to exclude from its Commercial policy provisions that contradicted the requirements of the Antimonopoly legislation. In addition, the pharmaceutical company re-examined Biotek's application for a distribution agreement, which ended with the signing of the contract,” Maxim Degtyarev, Deputy Head of the Department for control over Public Health Service of the FAS Russia comments.

For reference:

[1] item 5 of part 1 of article 10 of the Federal Law of 26.07.2006 No. 135-FZ “On Protection of Competition”