The Belgian Prosecutor refuses request for preliminary measures in pharmaceutical “refusal to supply” case (Bofar)

Decision On 26 March 2008, the Belgian Prosecutor refused a request for preliminary measures made by Bofar NV (‘Bofar'). In December 2007, Bofar had filed a complaint against nine pharmaceutical companies for infringing Articles 81 and 82 EC Treaty [1] and their Belgian equivalents, Articles 2 and 3 of the Competition Act. In addition to its complaint on the merits, Bofar had requested the Prosecutor to order preliminary measures obliging the nine pharmaceutical companies to resume deliveries to Bofar at equivalent volumes to those they had previously delivered to Bofar. Three types of pharmaceutical wholesalers purchase products direct from the manufacturers: ordinary wholesalers, export wholesalers and public-service wholesalers who are obliged by law to maintain minimum stocks to

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Carmen Verdonck, Louise Depuydt, The Belgian Prosecutor refuses request for preliminary measures in pharmaceutical “refusal to supply” case (Bofar), 26 March 2008, e-Competitions Bulletin Parallel imports, Art. N° 21834

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