Spain implements control mechanisms in order to avoid excessive parallel trade
Circular 2/2012 of the Spanish Medicines Agency regarding the “Prior notification of shipments of medicinal products to other Member States”
CAPSULAS Nº 135
Background Over the last years we have witnessed a gradual increase of supply shortages of certain medicinal products. Even though such episodes are limited and take place occasionally, they have been cause for concern. These episodes have always been followed by the well-known exchange of mutual accusations between the pharmaceutical industry and the distribution sector.... Read More
A manufacturer can refuse the supply of some of its products to certain distribution channels on the ground of technical or commercial reasons
Resolution of the Spanish Competition Authority (CNC) of 9 of April of 2012 (Case S/0344/11 Distribution of Beer)
CAPSULAS Nº 135
Background The AESECC, which is the entity which brings together the main companies of cash & carry wholesale distribution (wholesalers who offer food products to horeca professionals in supermarkets) lodged a complaint against the three most important beer breweries in the country for allegedly abusing of their collective dominant position when refusing to supply the... Read More
New controversy regarding the application of the provisions of Royal Decree-Law 16/2012
Position paper from the AEMPS with respect to the guarantees of generic medicinal products
CAPSULAS Nº 135
Background The letter addressed to the Spanish Agency for Medicinal Products and Medical Devices (AEMPS) by the president of the Official Association of Pharmacists of Orense (COFO), in which the latter expresses his doubts on the guarantees offered by some generic medicinal products that the pharmacies must dispense in application of the controversial Royal Decree-Law... Read More
El Tribunal de Justicia confirma que las oficinas de farmacia no pueden distribuir medicamentos sin autorización de mayorista
EL GLOBAL
Antecedentes Varios farmacéuticos italianos fueron denunciados ante los tribunales de su país por distribuir medicamentos al por mayor sin ser titulares de la autorización exigida por la ley italiana. La mayoría de los procedimientos fueron archivados por considerarse que un farmacéutico ya autorizado para vender medicamentos al por menor estaba exento de obtener la autorización... Read More
What is going on in Spanish pharmaceutical law?
A commentary on the most relevant aspects of Royal Decree-law 16/2012 which affect pharmaceutical and medical devices' companies
CAPSULAS Nº 133
You have undoubtedly heard a lot about Spain lately. Debt crisis, public deficit, bailout or financial assistance to some Spanish banks (call it as you like) are some of the issues that have been on the news every day during the last months; and will probably continue so during some time. In this situation, the... Read More
There are sound arguments to challenge the Andalusian Health Service tender of medicinal products
The State Council rules against (Opinions 158/2012 and 160/2012) while SAS publishes the selected medicinal products (Resolution of 19 of March)
CAPSULAS Nº 132
The Andalusian tender is null Until Sunday 25 of March, one might have thought that the storm created by the Board of Andalusia and by the Andalusian Health Service (SAS for its acronym in Spanish) with the “tender” of medicinal products would die down independently of the different administrative or legal procedures in course. It... Read More
Recommending the retail price is legal as long as a fixed or minimum price is not imposed or encouraged
Resolution of the Spanish Competition Authority (CNC) of 30 of December of 2011 (Case S/323/11 Industrial Farmacéutica Cantabria)
CAPSULAS Nº 132
A company which sells pharmaceutical products through a web page filed a complaint with the CNC against a pharmaceutical company which manufactures and markets cosmetics and food supplements for an alleged resale price maintenance, refusal to supply and discrimination between traditional and electronic selling. According to the complainant, certain promotional packs were vetoed to the... Read More
Post-contractual non-compete covenants in an employment contract cannot be left to the sole discretion of one of the contracting parties
Judgment of the Supreme Court, Fourth Chamber, of 8 of November of 2011, Appeal 409/2011
CAPSULAS Nº 132
Background An employee signed an employment contract with her company, subjecting the employee to a non-compete obligation, applicable during the term of the contract and during a period of six months after the expiry of such contract. In exchange for the non-compete obligation, the employee would receive, at the end of the employment relationship, a... Read More
Processing of personal data without the consent of the data subject when there is a legitimate interest to do so
Judgment of the Supreme Court, Contentious-Administrative Chamber , of 8 of February of 2012
CAPSULAS Nº 132
Background In our CAPSULAS 130 of November of 2011 we commented on the Judgment of the Court of Justice of the European Union (CJEU), of 24 of November 2011, regarding the possibility that the national law may establish that, in order to process personal data without the need to obtain the consent of the data... Read More
A supplier may select his clients on the basis of objective, transparent and non discriminatory criteria
Resolutions of the CNC of 14 November 2011 (Call forwarding) and of 1 December 2011 (Google); Judgment of the High Court of Justice of Madrid of 18 October 2011
CAPSULAS Nº 131
Resolutions of the CNC The Spanish Competition Authority (CNC, for its Spanish acronym) has recently issued two resolutions (“Call forwarding” and “Google”) arising from customer complaints who considered that they had suffered unjustified refusals of service provision and discriminatory treatment, which implied an abuse of the dominant position of the companies against which the claims... Read More