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Summary of the Competition Council Plenum no AAP-23 as of 30.05.2017
14.06.2017
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On 21.06.2013 in the address of the Competition Council has arrived the complaint from I.E. „Rîbac Ivan", the content of which indicates some signs of infringement of the provisions of art. 12 of the Competition Law no. 183 of 11.07.2012 by Ministry of Health of the Republic of Moldova. The alleged anticompetitive actions has been achieved by approving the Order of Ministry of Health no. 492/139 from 22.04.2013 with regard to compensated medicines from compulsory health insurance funds, through which it was provided a new way to include medicines in the list of compensated medicines from the compulsory health insurance funds, which ended with non-inclusion in the list the drug „Wosulin", produced by the company „Wockhardt Limited" (India), which was represented in the Republic of Moldova by I.E. „Rîbac Ivan". As a result of the investigation, was deducted the fact, that the actions of the Ministry of Health made through the Order of Ministry of Health no. 492/139 from 22.04.2013 with regard to compensated medicines from compulsory health insurance funds, were oriented to the enforcement of other laws or for the defense of a major public interest. According to the provisions of art. 2 para. (1) letter b) of the Competition Law no. 183 of 11.07.2012, the concerned actions of the Ministry of Health do not enter in the field of application of the Competition Law. Thereby, due to The Competition Council Plenum Decision no. AAP-23 on 30.05.2017, it was decided to stop the examination of the case initiated through the Provision of the Competition Council Plenum no. 2 from 30.08.2013.

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