The National Commission for the Market and Competition (CNMC) initiated disciplinary proceedings against Pfizer, Janssen-Cilag, Merck Sharp & Dohme Spain, Lilly, Sanofi-Aventis, Novartis for alleged anti-competitive behavior. According to the Commission ithe crime they would have committed would be the establishment of a distribution system through which they would be implemented or would stand For implement a dual price display system, such as as well as a collusive agreement between the companies to design and implement these distribution systems.
The Commissioners analyzed the conduct arising from a complaint filed by the European Association of Euro Pharmaceutical Companies (EAEPC) in 2007 against the above companies. In 2009, the National Competition Commission (CNC) decided not to initiate disciplinary proceedings and order the archiving of the behaviors followed, considering that in fact it has not been demonstrated no evidence of forgery.
Subsequently, the Supreme Court (in its judgment of March 4, 2016), reversed the decision in which this matter was dismissed, and urged the CNMC to continue its actions in relation to these facts.
According to a note released by the Competition, the initiation of these proceedings does not prejudge the final outcome of the investigation. Now CNMC has a maximum period of 18 months to investigate the case and resolve it.