The National Commission of Markets and Competition (CNMC) has reported that it has opened a sanctioning file against the General Council of Official Colleges of Pharmacists of Spain (CGCOF) for making a collective recommendation through at least eleven provincial colleges so that pharmacists use the digital applications ‘CISMED’ and ‘FarmaHelp’, despite the fact that “there are competitors who develop similar tools and would be affected by these practices.” The CGCOF denies having engaged in any anti-competitive conduct.
In addition, a sanctioning file has been opened against the Official Colleges of Pharmacists (COF) of Álava, Burgos, Córdoba, Guipúzcoa, León, Pontevedra, Santa Cruz de Tenerife, Toledo, Valladolid, Vizcaya and Zaragoza. Specifically, like the CGCOF, the sanctioning file has been opened for practices contrary to articles 1 of Law 15/2007 of July 3 on the Defense of Competition (LDC) and 101 of the Treaty on the functioning of the European Union (TFEU).
The CNMC explains that the CGOF itself is the promoter of ‘CISMED’ and ‘FarmaHelp’, but there are other competitors that offer similar applications, for example LudaFarma, whose implementation and development would have been affected by the collective recommendation.
Thus, the investigation has its origin in the complaint filed by Luda Partners, against the CGCOF and several Colleges, for anti-competitive practices in the market of digital tools for the logistics of pharmacy offices, and in the reserved information carried out by the Competition Directorate. Within the framework of said confidential information, the CNMC inspected the headquarters of the CGCOF.
According to the CNMC, the initiation of this file does not prejudge the final result of the investigation. Now, a maximum period of 24 months is open for its investigation and resolution.
“NO ANTI-COMPETITIVE CONDUCT”
Given this situation, the General Council of Colleges of Pharmacists has published a statement in which it assures that it has not participated “in any conduct that is contrary to competition.” Therefore, it indicates that, in the exercise of its right of defense, it will collaborate “actively and transparently” with the CNMC throughout this procedure with the objective of “clarifying the facts” on which the CNMC bases the initiation of the file.
In this sense, the Council has explained that both ‘CISMED’ and ‘FarmaHelp’ are “voluntary, collaborative, free and non-profit” tools developed to “help alleviate drug supply problems and offer solutions to patients.” ”.
Specifically, it points out that ‘Cismed’ is the information system that allows pharmacies that voluntarily adhere to it to report shortages in the supply of medicines at the same time they occur in order to detect widespread situations of irregular supply, determine their scope and inform the Health Administrations.
For its part, it explains that ‘FarmaHelp’ is a free, non-profit tool that facilitates communication between participating pharmacies so that they can help patients locate medications in other nearby pharmacies in case of supply incidents.
In line with this, he highlights that, since its launch, “’Farmahelp’ has made it possible to offer a solution to citizens in 7 out of every 10 cases that have arisen, thus helping almost a million patients to access their medications.” .
The Council states that the sole objective of these tools is to “offer solutions from the pharmaceutical profession in the context of drug supply problems and to help patients find their medications.” “It has always done so in a totally altruistic and voluntary manner and under a model of collaboration between the different pharmacies, from their vocation to care as health professionals, always for the benefit of patients,” highlights the CGCOF.
