The Romanian Competition Council rejects a complaint regarding market entry of generics and price fixing in healthcare sector (Actavis / Novartis Pharma / Novartis)

On January the 20th 2010 the Romanian Competition Council (the ‘Council') issued the Decision 03/2010 rejecting a complaint filed by Actavis Group PTC (‘Actavis') against two companies belonging to the Novartis Group - Novartis Pharma GmbH and Novartis AG (‘Novartis') alleging a breach of the provisions of Law 21/1996 as republished and amended (the ‘Competition Law'). The facts Novartis holds a patent in relation to an originator drug called ‘Diovan', based upon the International Nonproprietary Name (‘INN') valsartanum, patent which is set to expire as of February the 2nd 2011. Actavis is the producer of the generic drug Valsartan Actavis based on the same INN, for which it obtained the relevant Marketing Authorisations (‘MA') for Romania in June 2008. In February 2009, Novartis requested

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  • Musat & Asociatii (Bucharest)

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Adrian Ster, The Romanian Competition Council rejects a complaint regarding market entry of generics and price fixing in healthcare sector (Actavis / Novartis Pharma / Novartis), 20 January 2010, e-Competitions Bulletin Competition in the Pharmaceutical sector, Art. N° 30629

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