Ofertas a hospitales ante la aparición de genéricos o biosimilares y la definición de mercado relevante

On April 20, 2021, the Spanish Competition Authority decided to take no further action against a complaint filed by Amgen against Abbvie for an alleged abuse of a dominant position contrary to articles 2 of the Spanish Law on Competition and 102 of the TFEU.

The alleged abusive practice consisted in the implementation of a commercial strategy of exclusionary discounts offered by Abbvie to hospitals in the sale of Humira®, which according to the complainant made it difficult difficult for biosimilars to enter the market. The Spanish Competition Authority dismissed the complaint.

Its ruling is interesting as regards market definition and how the Spanish Competition Authority intends to analyze commercial offers made by companies holding a dominant position in the relevant market.