Case Law Details
Swapan Dey Vs Vifor International (AG) (Competition Commission of India)
The Informant has assailed the differential pricing in place for soluble Iron Injectables which is offered at a lower price by the aforementioned licensees while supplying under public procurement initiative of the government, as opposed to high priced retail sale. The differences in prices at which these soluble Iron Injectables are offered in other countries has also been highlighted by the Informant.
As regards the price discrimination alleged by the Informant, the Commission observes that all price differentiations may not be discriminatory, more so when the same is based on reasonable classification of consumers to which they are offered. Prices offered in government procurement may not be comparable with the products being sold in open market on quantity criteria (bulk vs. individual buying) as well as purpose (public purpose or distribution free of cost vs private consumption). As regards pricing of FCM injectable in another country e. Bangladesh, the Commission does not find this to be a correct parameter to adjudge the reasonability of pricing in India. Different countries may have different tax and import duty regimes besides other conditions not being homogenous.
FULL TEXT OF THE ORDER OF COMPETITION COMMISSION OF INDIA
1. The present information has been filed under Section 19(1)(a) of the Competition Act, 2002 (‘Act’) by Mr. Swapan Dey (‘Informant’) against Vifor International (AG) (‘Opposite Party’/ ‘Vifor’) alleging contravention of the provisions of Section 3(4) and Section 4 of the Competition Act, 2002.
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