• The exchange of information between pharmaceutical wholesalers may have restricted competition in the market and resulted in higher prices for consumers in pharmacies.
• Through specialised IT tools, wholesalers were able to access information on the prices, discounts and margins of their competitors.
• Entrepreneurs face penalties of up to 10% of their annual turnover for these anti-competitive practices.

President of the Office for Competition and Consumer Protection (UOKiK) Tomasz Chróstny has initiated antitrust proceedings against 10 entities – pharmaceutical wholesalers and software providers. He accused them of anti-competitive exchange of information on, among other things, the price lists used, discounts granted and margins. A tool for wholesalers to obtain such competitor data may be software installed in pharmacies provided by specialist companies, which have also been charged.

"Evidence obtained during searches at the companies' premises suggests that there may have been an agreement to exchange information between the entities. Wholesalers were provided with access to their competitors' strategic data. The information obtained could have reduced their uncertainty as to the moves of other market players, allowing them to adjust or prevent price wars, as well as providing support in negotiations with drug manufacturers. All this could limit competition and, as a result, lead to higher prices for consumers in pharmacies," says Tomasz Chróstny, President of the Office for Competition and Consumer Protection.

The allegations concern the following companies: Farmacol ITB, Farmacol, Farmacol Serwis, Farmacol-Logistics, Farmateka, Kamsoft, Neuca, Polska Grupa Farmaceutyczna, SoftForYou and Świat Zdrowia. The practices suspected by the Authority may violate both national and EU legislation. If the allegations are confirmed, these companies face penalties of up to 10 per cent of their annual turnover.

If you are aware of potential violations on the pharmaceutical market or have information on this or a similar case, contact the Office of Competition and Consumer Protection. The Office also runs a programme aimed at acquiring information from anonymous whistleblowers. Visit https://konkurencja.uokik.gov.pl/sygnalista/ and fill in a simple form. The system used guarantees full anonymity, also towards the Office.

We would also like to remind you that the leniency programme gives the entity involved in an illegal agreement as well as the managers responsible for the collusion a chance to avoid or reduce fines. This is an option available on the condition of cooperating with the Office of Competition and Consumer Protection as the "key witness" and providing evidence of, or information about, the existence of an unlawful agreement. Entrepreneurs and managers interested in the leniency programme are invited to contact the Office. At a dedicated telephone number 22 55 60 555, the lawyers of the Office answer all questions regarding leniency applications, including anonymous ones.

Additional information for the media:

UOKiK Press Office
Pl. Powstańców Warszawy 1, 00-950 Warszawa, Poland
Phone +48 695 902 088, +48 22 55 60 246
E-mail: biuroprasowe@uokik.gov.pl
Twitter: @UOKiKgovPL