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- Info
Gresea & Transparency International Germany vs Ratiopharm
Case overview
| Date filed |
24
January
2008
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| Current status |
Rejected
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| Issue |
Ratiopharm's unethical marketing in Germany, Belgium et al
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| Summary of the case |
The case deals with Ratiopharm, a German pharmaceuticals company and major producer of generic drugs that has allegedly engaged in unethical marketing practices in Germany, Canada, Spain, Estonia, and Belgium. These practices, which include offering illicit rebates to pharmacists, contradict standard governmental health care policies. Three OECD complaints were filed, two in Germany and the most recent one in Belgium.
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| Developments/Outcome |
The first case by TI-G was rejected on the basis of a lack of transnational investment. In December 2006, the German NCP rejected the second complaint against Ratiopharm, arguing that the complaint would have to be dealt with by the NCPs of the countries where the alleged misbehaviour occurred, i.e. Belgium, Canada, Estonia, and Spain. TI-G and the NCP met informally in March 2007. Again, the NCP insisted it could not accept the Ratiopharm case and refused to forward it to the relevant NCPs. The NCP claimed its “hands were tied”. TI-G maintains that the alleged misbehaviour emanates from Ratiopharm’s German headquarters to other countries and that the German NCP should therefore take the lead in handling the complaint. In addition, the NCP’s refusal to forward the case to the other relevant NCPs inspires little faith in the German NCP’s offer to assist informally.
A third case was filed by GRESEA and TI-G in January 2008 at the Belgian NCP. On 29 February 2008, the NCP invited the complainants to an informal preliminary meeting. At the NCP’s request, the complainants provided supplemental information including testimonies from Belgian pharmacists and the state of national regulation in the sector. However, on 4 July 2008, the Belgian NCP rejected the complaint, claiming that the alleged violations are commonplace in the generic drugs sector and thus not specific to this company. The NCP further argued that the law does not define the meaning of 'normal rebates', but did state that that the sheer 'magnitude of the rebates do raise questions regarding the price-setting of refundable generic drugs and the reimbursement system as a whole.' The complainants believe that the case should be the starting point of a wider public debate on the issue.
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| Relevant OECD Guidelines |
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| Case keywords |
Chaîne d’approvisionnement,
Pratiques anticoncurrentielles,
Lien d’investissement,
Corruption,
Collaboration des PCN
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NCP Information
Complainants
Company Information
Timeline of developments
Some developments are only visible to logged in users.
| Date |
Actor |
Action |
Description |
Document |
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4
July
2008
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National Contact Point Belgium |
statement |
Belgian NCP rejected the complaint, claiming that the alleged violations are commonplace in the generic drugs sector and thus not specific to this company.
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5
February
2008
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Research Group for an Alternative Economic Strategy |
press release |
Gresea issued a press release stating that it had filed a case against Ratiopharm |
download pdf
(21Kb)
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28
January
2008
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Research Group for an Alternative Economic Strategy |
file |
A case was filed at the Belgian NCP against German pharmaceutical company Ratiopharm for unethical marketing behaviour. |
download pdf
(144Kb)
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28
January
2008
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Research Group for an Alternative Economic Strategy |
file |
The cover letter to the complaint. |
download pdf
(78Kb)
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28
January
2008
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Research Group for an Alternative Economic Strategy |
file |
Annexes to the complaint. |
download pdf
(340Kb)
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