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Competition Commission of India Imposes Penalty on Karnataka Chemists & Druggist Association and pharmaceutical company Lupin

News and Press Release - Dated:- 2-8-2016 - The Competition Commission of India ( Commission ) has found the Karnataka Chemists and Druggist Association ( KCDA ) and Lupin Ltd. ( Lupin ) to be in contravention of the provisions of the Competition Act, 2002 ( the Act ). In a case filed by M/s Maruti & Co., it was brought to the notice of the Commission that KCDA restraints pharmaceutical companies from appointing new stockists in the State of Karnataka unless a No Objection Certificate ( NOC .....

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ion in similar cases in other parts of India with respect to this NOC practice, have not abstained from indulging in such anti-competitive conduct. Instead of desisting from such activity, these associations are mandating the NOC requirement, either verbally (in order to avoid any documentary evidence/proof) or under camouflaged congratulatory/intimation letters, with a view to hide their apparent anti-competitive behaviour behind these benign nomenclatures. The Commission has unambiguously clar .....

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3(3)(b) of the Act . KCDA was thus found to have contravened the provisions of Section 3(1) read with Section 3(3)(b) of the Act . The Commission also observed that the pharmaceutical companies, without any resistance, cooperate with such associations to implement their anti-competitive decisions, thereby becoming equally complicit in the anti-competitive effect of such practice. Instead of approaching the Commission, these pharmaceutical companies cooperate with the NOC requirement of the assoc .....

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