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IMSS celebrates Cofece’s first class action lawsuit against companies that manipulated drug prices

The Mexican Social Security Institute (IMSS) celebrates the first historic class action lawsuit filed by the Federal Economic Competition Commission (Cofece) against the companies Casa Marzam, Casa Saba, Fármacos Nacionales and Association of Distributors of Pharmaceutical Products of the Mexican Republic, which for 10 years manipulated drug prices and limited supply to pharmacies to the detriment of the population.

The lawsuit seeks to restore the damage, inhibit the repetition of acts that harm the population and exposes the companies that have been in collusion to carry out illicit actions by raising prices and remaining in the market with million-dollar contracts in the health sector.

On March 10, 2016, the IMSS filed a complaint with Cofece for similar practices with the aim that Cofece would exercise its powers to safeguard the economic competition process and determine the commission of possible monopolistic practices to the detriment of the institution.

Since June 2023, Social Security has established a direct and consistent relationship of collaboration with Cofece in which meetings have been held with the president commissioner, Andrea Marván Saltiel, and with different work teams.

As a result of this collaboration, four strategic lines were defined: Exchange of market research information in order to identify possible signs of violations of the Federal Economic Competition Law (LFCE), provide support in the design of contracting procedures, explore mechanisms to be included in the contracting procedures to ensure the commitment of the participants not to incur violations of the LFCE, as well as explore mechanisms for the identification of economic agents sanctioned by Cofece.

In terms of Comprehensive Medical Services (SMI), the IMSS provided information on market investigations and contracting procedures, denouncing anti-competitive acts and possible collusion by suppliers of the Neonatal Metabolic Screen, Clinical Laboratory and Blood Bank SMIs, with the objective to strengthen Cofece’s analysis information.

In this way, the IMSS maintains its position of not giving in to campaigns by those who have seen their interests affected by engaging in acts that harm the assets of Social Security, as well as its commitment to transparency and a policy of zero tolerance for practices that put at risk. the efficient use of public resources and harm the health of the population.

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