Ten international pharmaceutical manufacturers have been
included in the register for companies with a dominant position in
or control over at least 35% of a particular market.
The ten companies are the Russian branches of IHCC, Johnson&
Johnson, Galen Pharma, Roche-Moscow, Novartis Pharma, BIOTECH,
Nycomed Distribution Center, Schering AG, Astellas Pharma and Novo
Roche, Novartis, Bayer-Schering, Nycomed, Johnson & Johnson
and Novo Nordisk were reported by market research group DSM as
having only 17.8% of the total monetary value of the Russian
pharmaceutical market in 2008.
The Federal Antimonopoly Service has analysed the Russian market
for drugs to treat haemophilia, cystic fibrosis, hypophysial
nanism, Gaucher's disease, myeloleukemia and multiple
sclerosis, and those used after organ or tissue transplants. There
are no Russian analogues for the drugs manufactured by these
companies. It decided that the companies have a dominant position
in this market.
By including these companies in the register, the Federal
Antimonopoly Service is able to supervise their business activities
to ensure there is no abuse of a dominant market position, by
actions such as setting high or low prices, withdrawing products
from circulation or limiting their supply, introducing exclusivity
for distributors or refusing to use them and preventing competing
products from entering the market.
Any monopoly abuse could lead to a company being fined between
1% and 15% of its turnover in the relevant market.
Law: Order No. 193 dated 3 April 2009 by the Federal
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In this section, we give a factual overview of a significant case development at EU level, and then provide a more detailed analysis of the important substantive and procedural developments addressed in this case.
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