The Portuguese Competition Authority sanctions abusive behaviour by a dominant company before national health service hospitals (Roche Farmacêutica Química)

I. Background The Portuguese Competition Authority (PCA) decision of 12 April 2012, in case PRC 2008/10, was triggered by an antitrust complaint lodged on June 2008 against Roche Farmacêutica Química, Lda (Roche) by a competitor also active in supply of medicinal products to Portuguese National Health Service (NHS) hospitals. The complaint was grounded on the discriminatory rebate system applied by ROCHE before NHS hospitals in specific relevant medicines markets. II.The PCA legal analysis In what regards the definition of the relevant medicines markets, the PCA in its decision of followed the European Commission decisional acquis and approach, thereby relying on the ATC – Anatomical Therapeutic Classification Code which groups pharmaceutical products in 16 categories, each with 4

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Authors

  • Morais Leitão, Galvão Teles, Soares da Silva (Lisbon)
  • Morais Leitão, Galvão Teles, Soares da Silva (Lisbon)

Quotation

Carlos Botelho Moniz, Eduardo Maia Cadete, The Portuguese Competition Authority sanctions abusive behaviour by a dominant company before national health service hospitals (Roche Farmacêutica Química), 12 April 2012, e-Competitions April 2012, Art. N° 70826

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