Johnson & Johnson and Novartis investigated for alleged violations of EU competition rules. The European Commission has in fact opened an investigation against the two companies to verify their correctness in respect of antitrust rules.
"The intention is to verify - they inform from Brussels - whether through commercial agreements between the two subjects the access to the Dutch market of the generic version of the Fentanyl”, the powerful analgesic widely used, among other things, against chronic pain and as an anesthetic.
The start of the investigation, underlines the European Commission, "does not prejudge in any way what will be the final outcome of the investigation", it only means that the Community body "will deal with the case with a priority index". If the access impediment of the generic version of Fentanyl to the Dutch pharmaceutical market is established, then there will be a violation of European antitrust rules,"in particular Article 101 of the Treaty on the Functioning of the Union”, underline from Brussels. In essence, it is feared that the two companies in question, the US Johnson & Johnson and the Swiss Novartis, may have paid competing companies to stay out of the market.
"I consider this sector a priority from the point of view of strengthening competition rules, given the importance for consumers and for public finances in the various countries," says Joaquin Almunia, vice president of the European Commission. “Paying a competitor to stay out of the market is a restriction on competition that the Commission cannot tolerate”he adds.
