EU Slaps €13.4M Antitrust Fine on Pharma Cartel

European Commission

The European Commission has fined Alkaloids of Australia, Alkaloids Corporation, Boehringer, Linnea and Transo-Pharm a total of €13,4 million for participating in a cartel concerning an important pharmaceutical ingredient. C2 PHARMA was not fined as it revealed the cartel to the Commission under the leniency programme. All six companies admitted their involvement in the cartel and agreed to settle the case.

The investigation

The product concerned by the cartel is N-Butylbromide Scopolamine/ Hyoscine ('SNBB'). SNBB is an important input material to produce the abdominal antispasmodic drug Buscopan and its generic versions.

The Commission's investigation revealed that the six companies coordinated and agreed to fix the minimum sales price of SNBB to customers (i.e., distributors and generic drug manufacturers) and to allocate quotas. In addition, the companies exchanged commercially sensitive information.

The Commission's investigation revealed the existence of a single and continuous infringement in the European Economic Area ('EEA'), spanning from 1 November 2005 to 17 September 2019. The participants were either producers or distributors of SNBB. The following table details the duration of each company's involvement in the infringement:

Company

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