French Antitrust Agency Rejects Complaints Against Pharmaceutical Companies

In a decision dated December 20, 2005,¹ France’s antitrust agency, the Conseil de la Concurrence ("Conseil"), rejected complaints filed by French pharmaceutical wholesalers against several leading pharmaceutical manufacturers. The decision relates to so-called "supply quota systems" set up by manufacturers to plan and organize their supply and distribution in the EU. The wholesalers complained that such systems restrict supplies for exports outside France.²

The wholesalers raised three antitrust arguments before the Conseil. First, under Article 81 EC, that the manufacturers had coordinated their behavior vis-à-vis exporting wholesalers to limit supplies. Second, also under Article 81, that the manufacturers had concluded agreements with certain wholesalers aimed at limiting supplies to exporting wholesalers. Third, under Article 82 EC, that the companies had separately abused dominant positions on narrowly-defined relevant product markets for each individual specialty drug.