The commercial cassation court of the Supreme Court of Ukraine has supported the pharmaceutical distributor of Ukrainian-Estonian joint venture Optima-Pharm Ltd. in the lawsuit against the Antimonopoly Committee of Ukraine regarding Sanofi pharmaceutical company. The authorized government official at the Antimonopoly Committee of Ukraine, Svitlana Panaiotidi, gave this information. “Today we lost the Supreme Court case. It was the lawsuit of the Optima-Pharm distributor in the Sanofi case,” she wrote on her Facebook page on Tuesday.
As reported, in September 2018, Kyiv’s business court of appeals upheld the ruling of the court of lower instance, which satisfied a claim of the distributor of medicines Optima-Pharm LLC against the Antimonopoly Committee of Ukraine regarding the annulment of a fine of UAH 40.759 million imposed for anticompetitive actions committed jointly with Sanofi-Aventis Ukraine LLC. According to the ruling issued on September 4, 2018, the panel of judges of the appeal court agreed with the conclusion of the court of lower instance that the committee when making decision No. 628-r did not clarify the circumstances in full.
In October 2018, Kyiv’s business court has overturned the decision of the Antimonopoly Committee of Ukraine to collect the UAH 70 million fine from Sanofi pharmaceutical company.
In 2017, the Antimonopoly Committee of Ukraine fined Sanofi-Aventis Ukraine and its distributors BaDM LLC and Optima-Pharm LLC in the total amount of UAH 139.094 million for supplies of medicines in 2020-2011.
COURT CASE, OPTIMA-PHARM, SANOFI
