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ARTICLE · 09 SEPTEMBER 2016

CCI Again Fines Pharma Company For Anti-Competitive Activities

Vaish Associates Advocates
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The CCI by way of its order dated 28.07.2016 has found the Karnataka Chemists and Druggist Association, Lupin Ltd. and their Office bearers to be in contravention of the provisions of the Competition Act, 2002.

IndiaAntitrust/Competition Law
Vaish Associates Advocates
Vaish Associates Advocates
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The Competition Commission of India ("CCI/ Commission") by way of its order dated 28.07.2016 has found the Karnataka Chemists and Druggist Association ("KCDA") , Lupin Ltd. ("Lupin") and their Office bearers to be in contravention of the provisions of the Competition Act, 2002 (the Act).

In a case filed by M/s Maruti & Co., a chemist, based in Bangalore, it was alleged that KCDA restraints pharmaceutical companies from appointing new stockists in the State of Karnataka unless a No Objection Certificate (NOC) is obtained from it. It was also alleged that Lupin refused to supply drugs to M/s Maruti & Co. for not having obtained NOC from KCDA.

Following a detailed investigation by the Director General (DG), the CCI found that KCDA was indulging in the anti-competitive practice of mandating NOC prior to the appointment of new stockists by pharmaceutical companies. The DG had found that Lupin denied supplies to the Informant/Maruti, for the period August 2013

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