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On Friday, the National Economic Prosecutor's Office announced that the Defense Tribunal for Free Competition (TDLC) had accepted the obligation of collusion against Biosano Laboratories, Fresenius Kabi Chile and its subsidiary Sanderson .
This for "forming and maintaining a cartel" affecting offers of the central supply system of the National Health System (Cenabast) for the acquisition of drug ampoules approximately from 1999 to 2013. [19659002] The court imposed a fine of 30,000 units of annual tax at the Sanderson laboratory, ie 25.6 million dollars . Fresenius Kabi was fined 2,436 AWU, which equals 2.1 million US dollars.
The TDLC exempted Biosano from fines for accepting the indemnified program.
In addition, the two accredited laboratories must undergo a five-year compliance program for free competition, in accordance with the FNE's "Guide to Compliance with the Rules of Free Competition".
the national economic prosecutor (s), Mario Ybar, at the portal of the institution, "it is unacceptable that companies consult each other and is even more reprehensible than sign the state in markets public, especially if it is about drugs. "
The Survey
The FNE opens the investigation in 2012, after the whistleblower's denunciation General of the Republic and the Ministry of Health.
According to the website, the evidence was obtained during registration, search and seizure proceedings in addition to the interception and recording of communications.
The presentation to the TDLC of August 3, 2016 was based on the evidence that had been provided by Biosano as a result of the compensation process.
Accusing that prior to Cenabast's submissions, the laboratories defined who was to rule on the drugs to which they were competing agreeing to a reference price for their offers and determining which of the three would present the winning proposal.
According to the Office of the Attorney for National Economic Affairs, the Prosecutor's Office would make the proceedings before the TDLC for the sixth time public, a case incorporating the countervailing declaration in force in our country since 2009.
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