Por: GTPI

In 2005, the Administrative Council for Economic defense (CADE) condemned 21 transnational phamaceutical laboratories for formation of a cartel in Brazil (Administrative Procedure No 08012.009088/1999-48). The complaint that led to the condemnation of the companies was made in 1999 by the Regional Pharmacy Council of the Federal District – DF, which obtained the minutes of a meeting in which the companies had defined joint actions to hinder the entry of generic drugs on the market, such as pressure over distributors and doctors. However, in late 2011, the Federal Judge Itagiba Catta Preta Neto, of the 4th Court of DF, issued a decision that annulled the decision of the CADE and ordered the agency to reimburse the procedural costs made by companies as well as the payment of fees. The sentence was the result of lawsuits filed by companies that appealed contesting the decision of the CADE. The judge held that the existence of the meeting between the companies was not sufficient evidence to allege cartel formation and that the condemnation of the CADE was invalid because it is based on assumptions. CADE must appeal the decision in late January / early February.

Process:

2007.34.00.044314-6

http://processual.trf1.jus.br/consultaProcessual/processo.php?proc=439798520074013400&secao=DF&nome=Bayer&mostrarBaixados=N

Judicial Decision

http://www.migalhas.com.br/arquivo_artigo/art20111220-01.doc