Agreement on price increase for pharmaceuticals retracted after application for leniency

07.05.2009

In the autumn of 2008, in a so-called application for leniency, the company Grünethal GmbH notified the Bundeskartellamt of a price agreement with the company Infectopharm GmbH and helped to establish the facts of the case by providing the authority with extensive information. As a result the Bundeskartellamt was able to put a stop to the price increase agreements between the two pharmaceutical manufacturers for colistin antibiotics and enforce a price reduction for the respective drugs. The health insurance funds are to be reimbursed for the extra costs they have already incurred from the price agreements.

Grünenthal has retracted the price increases set in the illegal price agreement and reduced the prices to the level before the agreement. The company recently submitted a proposal to the health insurance funds to compensate them for the extra costs resulting from the price agreement. In applying its leniency programme, the Bundeskartellamt refrained from imposing a fine because of Grünenthal’s extensive cooperation with the investigations.

Infectopharm has reduced its prices as well. After the Bundeskartellamt’s intervention Infectopharm also agreed to pay for the damages incurred to the health insurance funds. A fine was not imposed because of the minor financial significance of the price agreement, Infectopharm's low market share and the company's voluntary consent to settle the damages.

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