The Antimonopoly Committee of Ukraine (AMCU) has recommended that the office of the international group Bayer AG – Bayer LLC, and its Ukrainian distributors LLC "BaDM", LLC "Venta. "LTD, JV "Optima-Pharm, LTD" to bring the terms of the contractual relationship in accordance with the legislation on protection of economic competition.
The Antimonopoly Committee has provided recommendations of a subsidiary of the Bayer group
A recommendation was given on 31 January following the consideration of the case, which began in March 2013, reports Biznestsentr with reference to Interfax-Ukraine.
As explained by the state Commissioner of the AMCU Svetlana Panayotidi, the Committee's recommendations focused on three aspects of cooperation of pharmaceutical companies with its distributors.
In particular, we are talking about the demand of Bayer LLC to its distributors to report on prices and volumes of resale of drugs group Bayer, the establishment of special discounts on specific drugs for diagnostic centres identified by the pharmaceutical company, as well as the use of retrospective discounts on drugs that fall within the sphere of public procurement.
Thus, according to Panayotidi, such actions do not contribute to the growth of prices for medicines in the field of public procurement, however, contributed to the control of the distributors on the market of products Bayer.
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In addition, the recommendations of the AMC are set different loan limits for almost identical in terms of procurement distributors that, in the opinion of the AMC, contributes to an uneven distribution of markets for the realization of drugs group Bayer's range of products.
AMCU's recommendations also include the establishment of a procedure for calculating discounts according to the formula, which, in the opinion of the Committee, aimed at limiting the presence on the market of products Bayer.
About results of consideration of the recommendations, OOO "Bear" has announced the AMC in the 90-day period from the date of receipt.
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