FAS ISSUED A WARNING TO ASTELLAS PHARMA PRODUCTION COMPANY

The pharmaceutical manufacturer unreasonably refused one of the suppliers to conclude a contract for the supply of a number of medicines

FAS Russia received an appeal from the supplier Farm Trade LLC. According to the organization, Astellas Pharma Production LLC refused to conclude a contract with it for the supply of medicines with INN Mirabegron (TN Betmiga) and INN Ipragliflozin (TN Suglat).

The pharmaceutical company justified the refusal by the presence in its trade policy of such a criterion for selecting distributors as the volume of trade turnover in the amount of at least 10 billion rubles per year.

According to the Authority, the refusal is economically and technologically unjustified. In addition, the presence of this paragraph in the document may limit the opportunity for new suppliers to enter the market and prevent the establishment of balanced prices for these medicines in public procurement. Thus, the actions of Astellas Pharma Production LLC contain signs of abuse of a dominant position*.

FAS Russia issued a warning to the company. The company has to exclude the restrictive clause from the document within 30 days and review the previously made decision on the application of Farm Trade LLC, taking into account the updated trade policy.

In case of non-fulfillment of the warning, the Authority has the right to initiate a case on violation of antimonopoly legislation.

Reference:

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