Wednesday, 01 April 2015

Decision 608/2015

Decision on the complaints put forth against the company GLAXOSMITHKLINE S.A. regarding abusive practices in the pharmaceutical market.

Decision 608/2015
File (PDF) Decision 608/2015
Date of Publication of Decision April 1st, 2015
Issue Number of Government Bulletin  
Relevant Market Pharmaceuticals
Proceedings Abuse of Dominant Position
Legal Framework Article 2 of the Greek Competition Act 3959/2011
Decision Violation
Complainant NATIONAL ASSOCIATION OF PHARMACEUTICAL WAREHOUSES and other associations and companies



Summary of Decision

The Hellenic Competition Commission, in plenary session, decided that the companies GLAXOSMITHKLINE S.A. and its parent company GLAXOSMITHKLINE PLC, abused their dominant position in the market of antimigraine drugs, under which the drug IMIGRAN falls under, for the time period of November 2000 until 2004, with the intention of restricting parallel exports, through the complete (unanimously) and later partial refusal (by majority) to complete orders of the drug IMIGRAN; orders which were reasonable according to the criteria set out in the CJEU decisions of C-468/06 until C-478/06, in violation of Article 2 of Greek Law 703/1977 (now Greek Competition Act 3959/2011) and Article 82 EC Treaty.

The Commission imposed a fine totaling 1,168,343 Euros (by majority) for the aforementioned violation with regards to the drug IMIGRAN and for the above time frames and (unanimously) for the violation of the same provision with regards to the drug LAMICTAL, which was decided by the Administrative Court of Appeal of Athens, for the time period of November 2000 until February 2001 and from 20th April 2001 until 19th March 2002.

The Commission decided that the occasions on which the company refused to complete certain orders by pharma-trading companies for the drug IMIGRAN, on the occasions where the quantities of the orders in question were disproportionate to those they sold in order to satisfy the needs of the Greek market, and as a consequence unusual based on the previous trading relationships of the parties and the needs of the national market, according to the criteria adopted by the CJEU, do not constitute a manifestation of the aforementioned abusive practices and rejected the relevant complaints made by companies.

Additionally, the Commission decided that no sufficient evidence was present suggesting that the above companies had a dominant position in the market in which the drug SERVENT belongs, i.e. the market for drugs for conditions of the respiratory system in the category of long-term treatment, and, as a result did not find a violation of the aforementioned provisions with regards to the drug in question.

The Commission determined that the time during which the above companies did not comply with the interim measures imposed by the Competition Commission in Decision 193/III/2001, as accepted by the Administrative Court of Appeal of Athens in its decisions, spans from 8th August 2001 to 26th September 2001 and from 23rd November 2001 to 1st September 2006 and determined by majority that the total sum of the fine imposed on the companies shall be 2,919,378 Euros.

Judicial Means Decision has been appealed
Decisions by the Court of Appeal of Athens (Administrative Division) DEA 1040/2021DEA 1745/2021DEA 1756/2021
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