13 December 2007: Distribution of medicines
GlaxoSmithKline and Pfizer commit themselves in front of the Conseil on the operating of their medicine quota system for wholesale distributors
History of the case
Following Decision 07-D-22 of 5 July 2007, by which the Conseil accepted the commitments proposed by four pharmaceutical laboratories (Sanofi-Aventis, Merck-Sharp & Dohme-Chibret, Lilly France and Boehringer-Ingelheim), which aimed at making the wholesale distributors supply system more flexible and more transparent (see press release of 5 July 2007), GlaxoSmithKline and Pfizer laboratories also committed to make public their medicine distribution system.
The laboratories’ commitment proposals
So as to meet the competition concerns expressed by the Conseil de la concurrence in its last July decision, GlaxoSmithKline and Pfizer laboratories presented their commitments which are the same kind than those previously accepted by the Conseil.
From now on, the quotas imposed on wholesale distributors may be adjusted according to their business activity. Commitments also include to improve information given to wholesale distributors concerning the system’s operating conditions. New entrants on the market will be granted distribution quotas so as to be able to start their business activity in satisfactory conditions.
The Conseil accepted the commitments and closed the proceedings.
>Decisions 07-D-45 and 07-D-46 relative to practices implemented in the sector of medicine distribution.
> See decisions of the Paris Court of appeal, dated November 26th, 2008, concerning the appeals on the decisions 07-D-45 and 07-D-46.
> See decisions of the Cour de cassation (Supreme Court), dated February 2nd, 2010, concerning the decisions of the Paris Court of appeal on cases 07-D-45 and 07-D-46