FAS Russia reports on the most frequent violations in healthcare sector

| By | Drug Quality Control, FAS Russia

The Federal Antimonopoly Service (FAS) of Russia participates in the reform of control and oversight activities. The new system of state control will reduce the administrative burden on businesses and improve the quality in the performance of control and oversight functions.

The following violations are most often identified when reviewing the complaints on breaches of antimonopoly laws in the area of health care:

  • Imposing on the counterparty such terms of the contract that are unfavorable for the counterparty or irrelevant to the subject matter of the contract;
  • Refusing or avoiding to conclude the contract with some buyers (customers) on economically and technologically unreasonable grounds in case of opportunity for manufacturing or supplying the relevant goods.

FAS of Russia draws attention to the need of providing non-discriminatory access to the goods and excluding the requirements of subjective nature for distributors. Such requirements allow the economic entity with a dominant market position to unreasonably refuse or avoid the conclusion of sales contracts with the distributors.

“We recommend that the economic entities bring their activities in line with the antimonopoly laws and define the commercial markets that are potentially noncompetitive. We also recommend to elaborate and implement an internal document (trade policy) for selection of counterparties and relations with them,” said Maxim Degtyarev, the Deputy Head of the Department for Control over Social Sphere and Trade of FAS of Russia.