The Belgian Competition Authority confirms refusal by the Competition Auditor to adopt interim measures following alleged abuse of dominance by 10 pharmaceutical companies concerning pharmaceuticals parallel imports (Bofar)

Introduction On 2 April 2009, the President of the Belgian Competition Council rejected the appeal by Bofar NV ("Bofar") against the decision of the Competition Auditor, which rejected Bofar's request for interim measures following an alleged abuse of dominance by 10 pharmaceutical companies. Abuse of dominant position is prohibited by Article 82 EC and by Article 3 of the Belgian Law on the Protection of Economic Competition. Bofar submitted its request for interim measures on 19 December 2007 - together with a complaint to the Council. The object of the request was to obtain a preliminary order to supply pharmaceutical products to Bofar, awaiting the judgment of the complaint by the Council. 1. Background Bofar is a pharmaceutical wholesaler, established in Belgium. It purchases

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Authors

  • Sheppard, Mullin, Richter & Hampton (Brussels)
  • Adyen (Amsterdam)
  • European Court of Justice (Luxembourg)

Quotation

Jacques Derenne, Mariëtte Swart, Cédric Kaczmarek, The Belgian Competition Authority confirms refusal by the Competition Auditor to adopt interim measures following alleged abuse of dominance by 10 pharmaceutical companies concerning pharmaceuticals parallel imports (Bofar), 2 April 2009, e-Competitions Interim measures, Art. N° 26216

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