Integrites Successful for Farmak in Abuse of Monopoly Position Claim

Integrites Successful for Farmak in Abuse of Monopoly Position Claim

Ukraine
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Integrites has successfully defended the interests of Farmak Public Joint Stock Company in a case involving LLC Pharmhim's partial refusal to supply Mebhydrolin, a medical substance that was actively used by PJSC Farmak to produce the pharmaceutical product Diazolin.

Integrites demonstrated to the Ukrainian Anti-Monopoly Committee that, because the Mebhydrolin could not be replaced with any other medical substance for the production of Diazolin, Pharmhim's refusal to supply the drug constituted an abuse of its monopoly position. "In addition," according to Integrites, "we calculated the amount of losses caused by the anticompetitive actions of LLC Pharmhim." As a result, on August 16, 2018, the Antimonopoly Committee of Ukraine imposed a fine on LLC Pharmhim.

Integrites describes the case as "absolutely unique because the Antimonopoly Committee of Ukraine ... for the first time has conducted such an investigation of the abusive actions committed by the monopolist."

The Integrites team consisted of Senior Partner Vyacheslav Korchev, Counsel Serhiy Shershun, and Associate Bohdan Ilchenko.