Spanish Competition Authority Analyses Distribution Of Medicines In Spain

On June 22, 2022, the Spanish Competition Authority ("CNMC") published a study about the wholesale distribution market for medicines in Spain (the "Study"). In particular, the CNMC addresses a number of barriers of entry to the market due to applicable national legislation and provides some recommendations to the legislative and executive powers aiming to ensure effective competition

1. Context and background

In the European Union and its Member States, the principle of prevention is one of the cornerstones of the health sector, particularly regarding pharmaceutical products. It is one of the main reasons why this sector is highly regulated. However, the CNMC evaluates whether there are certain rules that may undermine competition and lead to market failures, which could have a negative effect on public health.