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Competition Alert April 2017

In a blow to parallel trading of pharmaceuticals, the National Competition Authority clears the dual-pricing system applied by PFIZER (case S/DC/0546/15 PFIZER/COFARES)

On 19 January 2017 the Spanish Competition Authority (SCA) issued a decision clearing PFIZER of antitrust charges and blessing PFIZER’s dual pricing system (SCA Decision).

In 2009, the SCA decided (First Decision) to close the antitrust investigation against COMPAÑÍA FARMACÉUTICA ESPAÑOLA, S.A. (COFARES), a wholesale distributor, and PFIZER. The investigation started following a complaint filed by SPAIN PHARMA, S.A. (SPAIN PHARMA) reporting the existence of an agreement by means of which PFIZER prevented COFARES from exporting PFIZER’s pharmaceutical specialties to other EU States and established a dual-pricing system on the basis of geographic destination of the pharmaceuticals.

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