A Polish Court overturns the NCA decision against a pharmaceutical company and its distributor for customer allocation due to lack of anticompetitive effects on the market (Johnson & Johnson - Hurtofarm)

Background The Polish Competition and Consumers' Protection Court (“Sad Ochrony Konkurencji i Konsumentów”) on September 5, 2005 issued a decision on the appeal lodged by Johnson & Johnson Poland and Hurtofarm against the decision of the President of the Office of Competition and Consumer Protection (the “OCCP”) of May 28, 2004 (n° RWA-12/2004, See Press Release). The OCCP held that the vertical agreements concluded by Johnson & Johnson Poland with its distributor Hurtofarm limited supply on the market and restricted the marketing of medicines based on erythropoietin (EPO), and therefore infringed article 5.1.(2) of the Polish Competition and Consumers Protection Act. EPO is used in the treatment of anaemia caused by an insufficient level of erythropoietin, which is a growth

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  • Greenberg Traurig Grzesiak (Warsaw)

Quotation

Robert Gago, A Polish Court overturns the NCA decision against a pharmaceutical company and its distributor for customer allocation due to lack of anticompetitive effects on the market (Johnson & Johnson - Hurtofarm), 5 September 2005, e-Competitions Bulletin Competition in the Pharmaceutical sector, Art. N° 468

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