The Polish competition authority finds pharmaceuticals companies and their distributors not guilty of price fixing and market sharing on the EPO medicines market (Johnson & Johnson, Roche)

On 14 June 2007, the Polish President of the Office for Competition and Consumer Protection (“OCCP") issued a decision concerning alleged price fixing and market sharing of medicines containing human recombined erythropoietin (EPO). The OCCP had decided that agreements between Johnson & Johnson as a producer and its distributors (Hurtofarm and Compol) and Roche Polska and its distributor (Hand-Prod) did not infringe competition law. The decision in question is the last accord of the “EPO saga” which has involved two other cases, in which the same Parties have been involved. Each of these other two cases has reached the Court of Appeal level, and each has ended with the OCCP failing to prove anticompetitive practices. The OCCP had initiated the formal proceedings in July 2003, after

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Authors

  • Greenberg Traurig Grzesiak (Warsaw)
  • PKN Orlen (Warsaw)

Quotation

Robert Gago, Piotr Borowiec, The Polish competition authority finds pharmaceuticals companies and their distributors not guilty of price fixing and market sharing on the EPO medicines market (Johnson & Johnson, Roche), 14 June 2007, e-Competitions Bulletin Competition in the Pharmaceutical sector, Art. N° 14073

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