Spanish Competition Authority Extends Investigation against Producers of Radiopharmaceuticals
The Spanish competition authority, “Comisión Nacional de Los Mercados y la Competencia” (“CNMC”), today decided to extend an investigation involving radiopharmaceuticals to two additional defendants, GLO Holdco S.C.A. and Novartis Groupe France S.A.(see, attached press release of 29 October 2019). These are the parent companies of respectively Curium Pharma Spain S.A. (“Curium”) and Advanced Accelerator Applications Ibérica S.L.U. (“AAA”), firms that had already been targeted by, first, dawn raids (see, attached press release of 9 November 2018) and, later competition proceedings (see, attached press release of 11 February 2019). A number of executives of these firms are also the subject of proceedings which are based on both European and Spanish competition law.
Curium and AAA stand accused of colluding to share the market, fix prices and exchange business-sensitive information on the Spanish market for the production and sale of radiopharmaceuticals used in positron emission tomography (“PET”) nuclear imaging. This infringement allegedly took place between 2014 and at least November 2018.
Additionally, AAA is suspected of having abused a dominant position on the market for PET radiopharmaceuticals by hindering third-party market entry between 2017 and, again, at least November 2018.
This latest move is another manifestation of the very active enforcement policy of the CNMC in the pharmaceutical sector (see e.g., Van Bael & Bellis Life Sciences Newsflashes of 25 April 2019 and 27 May 2019). The approach of the CNMC thus forms part of a broader Europe-wide pattern involving intense competition scrutiny of the industry.