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💊 The European Commission’s First Cartel Fine in the Pharmaceutical Sector! 🏥   The investigation conducted by the European Commission against 6 pharmaceutical companies (Alkaloids of Australia, Alkaloids Corporation, Boehringer, Linnea, Transo-Pharma and C2-PHARMA) concluded with settlement and, administrative fines totalling EUR 13.4 million have been imposed on five undertakings for forming a cartel by jointly fixing the minimum sales price of N-Nutylbromide Scopolamine/Hyoscine ("SNBB"), an abdominal antispasmodic drug Buscopan and its generic versions, and by sharing commercially sensitive information. This is the first cartel fine imposed by the Commission in the pharmaceutical sector (and in relation to an active pharmaceutical ingredient). 💰   💡 In addition to the settlement procedure, C2-PHARMA applied for leniency and obtained full immunity from the fine. Transo-Pharm and Linea, which are also under investigation, cooperated with the Commission and as a result of their cooperation, the fines imposed on the undertakings were reduced by 50% and 30%, respectively.🤝   The European Commission determined that the infringement in question lasted from 1 November 2005 to 17 September 2019 and constituted a "single and continuous infringement". The duration of the companies' participation in the infringement varies:   Alkaloids of Australia: 1 November 2005 - 17 September 2019 Alkaloids Cooperation: 1 November 2005 - 17 September 2019 Boehringer 1 November 2005 - 31 December 2014 C2 PHARMA: 22 January 2015 - 4 February 2016 Linnea: 2 October 2006 - 17 September 2019 Transo-Pharm: 21 June 2011 - 17 September 2019   📣 In determining the fine, (i) SNBB sales related to the infringement, (ii) the multifaceted nature of the infringement, (iii) its geographical scope and (iv) its duration were taken into consideration. Administrative fines of all undertakings, including undertakings that have been provided with full/partial immunity from fines within the scope of leniency, were reduced by 10% within the scope of settlement. The fines imposed on each undertaking are as follows: 💸   C2 PHARMA: 0 € Transo-Pharm: 98,000 € Linnea: 1.791.000 € Alkaloids of Australia: 559.000 € Alkaloids Corporation: 537.000 € Boehringer: 10,401,000 €   Finally, during the investigation, another undertaking, Alchem, was included in the scope of the investigation. However, due to the undertaking’s decision on not to settle, the investigation regarding Alchem will continue within the standard cartel (non-settlement) procedure.   You can reach the relevant press release via the below link: https://lnkd.in/dJKbtSaY

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