On March 3, 2020 Roche Ukraine LLC, supported by the team of Arzinger law firm, successfully advocated the appellate court’s decision in favor of Roche Ukraine in the Supreme Court
On March 3, 2020 Roche Ukraine LLC, supported by the team of Arzinger law firm, successfully advocated the appellate court’s decision in favor of Roche Ukraine in the Supreme Court. Having reconsidered the case, the Supreme Court upheld the Ruling of the Northern Commercial Court of Appeal, which overturned the decision of the Antimonopoly Committee of Ukraine (AMCU) imposing a UAH 9.1 million fine on the company.
It should be recalled that in September 2019 the Supreme Court sent the case back to the Northern Commercial Court of Appeal for a new trial, which was again successful for Roche Ukraine LLC.
Thus, the Supreme Court has ultimately confirmed that the mechanisms of cooperation between Roche Ukraine and its distributors are in line with antitrust laws. Therefore, the AMCU has had no reasons to accuse Roche Ukraine and its distributors of anticompetitive concerted actions aimed at overpricing of medicines in the public procurement.
This court decision is very important for the entire pharmaceutical market, as it will allow bona fide market players to advocate pro-competitive mechanisms working for the benefit of Ukrainian patients.
The Arzinger team involved in the project included Lana Sinichkina , Partner, Head of Antitrust & Competition and Life Sciences & Healthcare practices; Sergii Shkliar, Co-Founder, Partner of Commercial Litigation practice, LL.D., Merited Lawyer of Ukraine; Senior Associates Mariia Baranovych, Aleksey Prudkyy, Denys Siiushov; and Junior Associates Iryna Hutnik and Haryk Matosian.