ACM will not conduct follow-up investigations in three cases in the prescription-drug sector, calls on everyone to share information
The Netherlands Authority for Consumers and Markets (ACM) has decided that it will not launch follow-up investigations in three cases in the prescription-drug sector. In the first phase of the investigations, insufficient indications of violations were found. At the same time, ACM remains alert to possible violations of competition rules in the prescription-drug sector. That is why ACM calls on everyone to continue sharing information about these markets, so that ACM can assess any leads, especially those concerning excessive prices and arrangements that impede the sale of prescription drugs that are cheaper and similar in quality.
What did ACM do?
Following reports about distortion of competition, ACM conducted investigations into two drug manufacturers that charged high prices for prescription drugs. Also, in another investigation, ACM looked into the conditions under which products and services were sold to health care providers, examining whether, as a result of bundling, buyers paid for services they did not need. On the basis of the results of these assessments, ACM has concluded that there are insufficient indications of violations.
ACM and the prescription-drug sector
ACM has had the prescription-drug sector on its radar for some time now. The sector plays a key role in keeping high-quality care affordable and accessible. That is why ACM finds it important to help the prescription-drug markets function well, so that, for example, no dominant positions are abused. Over the past few years, ACM has promoted fair competition in various ways, and has combated too high prices in the prescription-drug sector.
Tip-offs and reports about too high prices and distortion of competition
ACM finds it important to keep receiving reports about possible distortion of competition. Distortion of competition in the prescription-drug sector can, for example, be about certain discounts given by manufacturers as a result of which hospitals find it more difficult to switch to biosimilars or generic prescription drugs, and competitors are not given a fair chance. Distortion of competition may also include patent strategies of drug manufacturers aimed at artificially extending the market exclusivity of their own drugs. In addition, prescription drugs can also have excessively high prices.
Hospitals, buyer groups, businesses or people working in the prescription-drug sector, and others are able to submit tip-offs and file reports with ACM about distortion of distortion or excessive prices for prescription drugs. This can also be done anonymously. Read more here (in Dutch) about abuses of dominant positions, how to recognize this, and how tip-offs can be submitted or reports can be filed with ACM.