Beginning of the Sanctioning Procedure
The INDECOPI (Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual – National Institute for the Defense of Competition and Protection of Intellectual Property), through report DLC 16-07-2024, has started a sanctioning process against 15 companies and five individuals of the pharmaceutical sector. These companies are being investigated for alleged collusion by fixing excessive prices in the sale of essential medicines. This collusion is presumed to have been present in the healthcare market for four years, between December 2016 and February 2020.
Investigation Details
The CLC-Indecopi (Comisión de Defensa de la Libre Competencia de Indecopi – Indecopi’s Commission for the Defense of Free Competition) has detected indications of illegal agreements between these companies, which would have manipulated drug prices, affecting access to indispensable medical treatments for the health of the national population. The companies that allegedly carried out this collusion and are investigated by Indecopi include significant national and international drug distributors such as Química Suiza S.A.C., Medifarma S.A., Farmindustria S.A., and Droguería Inretail Pharma S.A.C., among others. These companies represent a significant part of the pharmaceutical market in the country, which motivated Indecopi to initiate investigations focused on identifying and sanctioning practices that distort the market.
Effects on the Pharmaceutical Market
If the participation and performance of anti-competitive practices are corroborated, the companies involved could face significant fines and other sanctions, such as the partial or total cessation of their activity in the market. These actions deter future collusion and promote a more competitive and transparent market. The intervention carried out by the state entities, along with Indecopi, underlines the effort of the institutions to maintain integrity in trading products and respecting prices determined by free market competition.
Conclusion
Indecopi has reaffirmed its commitment to defend consumer rights and promote a fair competition environment. This action marks a significant effort to protect Peruvian consumers and maintain the integrity of the national market. The fines and possible sanctions deter future anti-competitive behavior, promoting a transparent and accessible market for everybody.
Source: Plataforma del Estado Peruano