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Indecopi: Investigation for alleged collusion in health sector companies

16 July, 2024

Beginning of the sanctioning procedure

The National Institute for the Defense of Competition and Protection of Intellectual Property (Indecopi), by means of report DLC 16-07-2024, has started a sanctioning process against 15 companies and 5 natural persons 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.  

Details of the investigation

Indecopi’s Commission for the Defense of Free Competition (CLC) 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 important 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.  

Impact on the drug 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 are intended to deter future collusion and promote a more competitive and transparent market. The intervention carried out by the state entities, together with Indecopi, underlines the importance of the effort made by the institutions to maintain integrity in the commercialization of products and the respect of prices determined by free market competition.  

Conclusion

Indecopi has reaffirmed its commitment to the defense of consumer rights and the promotion of an environment of fair competition. The action taken marks a significant effort to protect Peruvian consumers and maintain the integrity of the national market. The fines and possible sanctions are intended to deter future anti-competitive behavior, promoting a transparent and accessible market for all.  

Source: Plataforma del Estado Peruano