The Romanian Competition Council (“RCC”) has commenced a market analysis into the manufacturing and marketing of over-the-counter (“OTC”) drugs and food supplements.

The market analysis will focus on the structural conditions of the market, the contractual relationships between the various market players and applicable law.

The pharmaceutical industry is very high on the RCC’s agenda, according to its Chairman, Mr. Bogdan Chiritoiu. Just in June 2018, the RCC opened another investigation on the market of human immunoglobulins. The investigation, which looks at a possible limitation of the supply of human immunoglobulins in Romania for the purposes of eliminating the clawback tax and obtaining a more favourable tax regime, included dawn raids not only in Romania, but also in Belgium and Italy. Two other investigations are currently pending into the market for oncology drugs in Romania.

In the past, RCC input has led to legislative changes, including the obligation to ensure stocks of drugs at the level of both manufacturers and distributors, eliminating the geographic criterion that prevented new pharmacies from entering the market, etc.

Market participants may expect requests for information from the RCC for the purposes of this new market analysis. Cooperation with the competition authority is mandatory.