AMCU Distinguished Misconducts in ALCON’s and Distributers’ Actions
This time in the crosshairs of AMCU appeared the process of price formation for medicinal products manufactured by a famous Swiss Company Alcon Pharmaceuticals Ltd. that are widely used in Ukraine for the therapy of difficult ophthalmological.
Upon the investigation results the Committee accused the manufacturer and its Ukrainian distributers (LLC «BaDM», LLC «Venta.Ltd», LLC JV «Optima-Pharm, Ltd.» and PJV «Alba Ukraine») of setting nontransparent mechanism of postsales discounting during 2011-2013. This resulted in fine imposing for the total amount of UAH 1 million 650 thousand 509 UAH.
AMCU’s position was based on the fact that the distributers were selling medicinal products through the state procurement procedures for the prices higher than the sale prices for the pharmacies, by using different approaches to price formation.
Therefore, according to the AMCU, by concluding the corresponding distribution agreements the parties’ actions resulted in medicinal products’ being overpriced during the state procurement procedure.
AMCU defined the liability for each of case participants in the following amounts: Alcon Pharmaceuticals Ltd. was fined for UAH 937 thousand 526, LLC «BaDM» - UAH 302 thousand 387, LLC JV «Optima-Pharm, Ltd.» - UAH 69 thousand 503, LLC «Venta.Ltd» - UAH 1 thousand 94 and PJV «Alba Ukraine» - UAH 339 thousand 999.
