Wednesday, 11 April 2007 05:00 GMT
France investigates claims that Schering-Plough abused Subutex's dominant position
PARIS, April 11 (APM) - The French General Directorate for Fair Trading, Consumer Affairs and Fraud Control (DGCCRF) is investigating possible abuse by Schering-Plough of the dominant market position of Subutex (buprenorphine), APM has learned from internal sources.
Schering-Plough, which has been marketing opiate addiction substitute Subutex since 1996, has been faced with competition from a generic version of buprenorphine marketed by Arrow Génériques since spring 2006.
The generics manufacturer had a difficult start in an atypical market. At the end of 2006, it had a market share averaging 12% in volume for the three doses proposed, compared with an initial objective of 20%.
In an interview with APM at the end of March, Arrow's chairman had told APM his company was having difficulties penetrating the market comprising pharmacies which dispense large quantities of buprenorphine.
According to information gathered by APM, Arrow Génériques has filed a complaint with the DGCCRF against Schering-Plough for abuse of its dominant position.
Arrow Génériques declined to comment on this to APM on Tuesday.
The DGCCRF does not necessarily have to wait for a complaint to be made before taking action. It may also act on its own initiative, or on a referral from the French council for fair trading (Conseil de la Concurrence).
A team of 12 inspectors from the DGCCRF visited Schering-Plough's offices in Levallois-Perret (north-west of Paris) in January and February to examine documents concerning the marketing of Subutex, internal sources told APM.
The DGCCRF told APM on Tuesday that it did not comment on ongoing cases.
The Directorate is part of the French ministry of the economy, finance and industry. It makes reports of its investigations and sends them to the fair trading council when they are found to be serious. It can also refer cases to the public prosecutor.
On Tuesday, the French arm of Schering-Plough acknowledged the investigators' visits but declined to comment.
eh/san/clg/ns
[6271] 11/04/2007 05:00 GMT - INDUSTRY