Polish antitrust regulator fines three drug wholesalers; PGF escapes penalty via leniency program
The Office of Competition and Consumer Protection (UOKiK) imposed large fines on Neuca, Farmacol-Logistyka and Farmacol for price-sharing, while Polska Grupa Farmaceutyczna avoided a penalty by cooperating under a leniency scheme.
An investigation by UOKiK found that Neuca, Farmacol-Logistyka, Farmacol and Polska Grupa Farmaceutyczna had shared non-public drug price data for more than ten years, coordinating their offers to pharmacies and preventing price competition. The cartel resulted in higher costs for pharmacies and ultimately for patients. UOKiK levied fines of 499,037,763.85 zł on Neuca, 400,532,440 zł on Farmacol-Logistyka, and 3,488,520 zł on Farmacol.
Polska Grupa Farmaceutyczna avoided a fine by entering the leniency program, reporting the misconduct early and cooperating fully. The European Commission positively reviewed the decision, confirming the illegal nature of the practice, but the fines can still be contested in court. Tomasz Chróstny, president of UOKiK, emphasized that the scheme harmed pharmacies and patients by restricting genuine market choice.
Why it matters
The case shows how coordinated price-fixing can raise drug costs for pharmacies and patients, and highlights the impact of leniency programs on antitrust enforcement.
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