Weko closes investigation against Fresenius Kabi
Published: Thursday, Jul 4th 2024, 08:10
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The Fresenius Kabi Group has not abused its relative market power vis-à-vis Galexis in the procurement of liquid and tube feeds abroad. This is the conclusion reached by the Competition Commission (ComCo), which closed the investigation, as it announced on Thursday.
The Galenica subsidiary Galexis purchases pharmaceutical and healthcare products from domestic and foreign companies in order to distribute them in Switzerland. In the process, Galexis had also procured drinking and tube feeds from the healthcare company Fresenius Kabi. The bone of contention was that Fresenius Kabi had refused to allow Galexis to also purchase the liquid and tube feeds abroad.
The Competition Commission then examined whether Fresenius Kabi had abused its relative market power vis-à-vis Galexis. This is the case, for example, "if other companies are dependent on the supply or demand of a product or service in such a way that there are no sufficient and reasonable alternative options", it continues.
However, this was not the case in the case under investigation. Even in the case of relative market power, Fresenius Kabi would not have behaved abusively, as the conditions abroad were only slightly better, the ComCo writes further. The Competition Commission's decision can still be appealed to the Federal Administrative Court.
The case described above was the first investigation by the ComCo into the regulations on relative market power, which have only been in force since 2022. The new provisions in antitrust law were introduced to "combat the high-price island of Switzerland" and go back to the Fair Price Initiative, the ComCo writes further.
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