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Competition Council fines Boehringer Ingelheim RCV with 128.5 M RON for abuse of dominance

February 13, 2025

The Competition Council has fined pharmaceutical company Boehringer Ingelheim RCV Gmbh & Co KG (Austria) with 128.470 million RON (25.81 million euros) for abuse of a dominant position on the Romanian market of medicines intended for the treatment of chronic obstructive pulmonary disease (COPD), according to a press release.The competition authority found that, over 2017-2021, Boehringer Ingelheim RCV Gmbh & Co KG limited market access to the generic medicine Spiriva (cheaper) and directed patients to Spiolto Respimat, an innovative, more complex and more expensive medicine.According to the Therapeutic Guide in force at that time and the national protocol, not all patients affected by COPD have a more complex medicine as their first treatment option (dual therapy), some of them having the medicine Spiriva and implicitly its generic versions (monotherapy) as their initial indication.Boehringer Ingelheim RCV Gmbh & Co KG has carried out an intensive communication and promotion strategy to influence doctors' decisions so that they will prescribe the drug Spiolto Respimat more widely.In this way, the company intended to make it more difficult to sell competing generic drugs similar to Spiriva and to direct the revenues generated by this product to the new drug Spiolto Respimat.Both drugs are reimbursed 50% by the Health Insurance House, the difference being paid by patients.The clues that were the basis for triggering the investigation also included information received on the Competition Whistleblower Platform, a tool through which violations of the Competition Law can be brought to the attention of the authority, anonymously. The platform can be accessed at https://report.whistleb.com/ro/consiliulconcurentei.     

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