The Swedish and Danish Competition Authorities have carried out dawn raids at companies active in the pharmaceutical sector

The investigation was initiated following suspicions of horizontal cooperation in violation of Article 101 TFEU and Chapter 2, Section 1 of the Swedish Competition Act (Sw. konkurrenslagen) with respect to the pricing of substitutable pharmaceuticals in the Dental and Pharmaceutical Benefits Agency’s product of the period-system (Sw. periodens vara-systemet).

In Sweden, the Dental and Pharmaceutical Benefits Agency (Tandvårds- och läkemedelsförmånsverket) reviews price levels on substitutable pharmaceuticals on a monthly basis. The lowest priced pharmaceuticals are selected as “product of the period” in the Agency’s product of the period-system. Being selected as the “product of the period” often leads to significantly higher sales during that month, as pharmacies as a rule are required to replace prescribed medicines with the substitutable product.

The Swedish Competition Authority (SCA) has carried out on-site inspections in Sweden at companies active in pharmaceutical sales. On behalf of the SCA, the Danish Competition Authority has also carried out inspections in Denmark during the same period at companies active in the same sector. The SCA now continues its investigation and no decision on a possible infringement has been made.

Now is as good a time as any to review your dawn raid guidelines and Setterwalls is happy to assist you in all competition matters.