News

The Department of Antitrust Regulation of the Eurasian Economic Commission started investigating the case on violating the general rules of competition in the cross-border market for wholesale of pharmaceuticals with polymethylsiloxane polyhydrate as an active agent and registered for medical use in the Republic of Belarus. One of such pharmaceuticals is Enterosgel.

The case was initiated following antitrust investigation that identified evidence of an anticompetitive agreement prohibited by the law the Eurasian Economic Union. The contract for supplying pharmaceuticals concluded between economic entities from Russia and Belarus contains a provision that might negatively affect competition in the cross-border market. It is identified that the buyer cannot resell pharmaceuticals below their purchase price without the seller's written consent.

 Moreover, there is evidence of possible abuse of dominance by the Russian market participant in the market for pharmaceuticals having polymethylsiloxane polyhydrate as an active agent in the territory of Belarus in terms of setting a monopolistically high price. The EEC Department noticed a limited number of distributors supplying the said pharmaceuticals from the Union countries to Belarus and an excessive price compared to similar markets in other EAEU countries.

 Relevant materials were sent to the Ministry of Antitrust Regulation and Trade of the Republic of Belarus since the economic entity from Russia dominated the said commodity market only in the territory of Belarus.

 The EAEU law stipulates the term of no more than 120 working days to review the case involving national antitrust authorities of the Five countries and potential perpetrators. Over this period, it is required to determine presence or absence of evidenced violation of the general competition rules in the market for pharmaceuticals having polymethylsiloxane polyhydrate as an active agent.

Results of the case review will be submitted to the EEC Board to take a decision.