The Moldovan Supreme Court of Justice quashes a Competition Authority’s decision regarding refusal to supply in the context of public procurement of pharmaceutical products (Esculap-Farm)

On 25 October 2017 the Supreme Court of Justice (SCJ) [1] of the Republic of Moldova has quashed the decision issued by the Competition Council (CC) [2] in a case concerning the refusal to supply pharmaceutical products purchased in the context of public procurement by public hospitals and other public health care institutions. [3] As a result of its ex officio investigation the CC established that several public health care institutions have organized public procurement tenders for the selection of the suppliers of certain medical products. Based on the results of the tendering procedure each public health care institution has concluded long-term supply agreements with the winning bidders. The CC has viewed each supply agreement as a distinct relevant market. This determination has

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  • University of Macau - Faculty of Law (Macau)

Quotation

Alexandr Svetlicinii, The Moldovan Supreme Court of Justice quashes a Competition Authority’s decision regarding refusal to supply in the context of public procurement of pharmaceutical products (Esculap-Farm), 25 October 2017, e-Competitions October 2017, Art. N° 86452

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