In Re (#03 March 2017)

Pharmaceutical Market Definition in Competition Cases: Ukrainian and European Experience

by Serhiy Shershun, Ivanna Gumenna

It is crucial for the rapidly developing pharmaceutical market to comply with competition law requirements. Currently, the European Commission and national competition authorities are actively examining pharmaceutical markets for their compliance with competition rules.

Effective competition on the pharmaceutical market is one of the priority goals of the Antimonopoly Committee of Ukraine. In 2016, the AMCU adopted a number of decisions on violation of legislation on protection of economic competition by international pharmaceutical manufacturers and distributors. As a result, in November 2016 the AMCU issued a report on the results of the pharmaceutical market study, which highlights the main grey zones on pharmaceutical market and directions for the competition strengthening. Moreover, the AMCU’s officials announced that the study into the pharmaceutical market continues in 2017.

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