The Competition Commission of India fines a pharmaceutical laboratory and a pharmacists association for anticompetitive agreement (Alkem / AKCDA)

On 1 December 2015 the Competition Commission of India (CCI/Commission) passed an order fining Alkem Laboratories Limited (Alkem) and the All Kerala Chemist and Druggist Association (AKCDA) for violation of the Competition Act, 2002 (Competition Act). [1] The alleged conduct was held to be an infringement of Section 3 of the Competition Act which proscribes anti-competitive agreements. While the conduct which was held to be anti-competitive is not surprising, the case highlights pertinent issues regarding application of Section 3. Background The complainant — an erstwhile distributor for Alkem —filed a complaint before the Commission alleging anti-competitive behaviour by Alkem and AKCDA. Per the allegations Alkem had rejected its appointment for not obtaining a No Objection

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  • Chandhiok & Associates (New Delhi)

Quotation

Kalyani Singh, The Competition Commission of India fines a pharmaceutical laboratory and a pharmacists association for anticompetitive agreement (Alkem / AKCDA), 1 December 2015, e-Competitions Bulletin December 2015, Art. N° 77150

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