Welcome to the Competition Commission

The Competition Commission is a statutory body constituted in terms of the Competition Act, No 89 of 1998 by the Government of South Africa empowered to investigate, control and evaluate restrictive business practices, abuse of dominant positions and mergers in order to achieve equity and efficiency in the South African economy.

 

Commission non-refers Doctors Without Borders complaint

The Competition Commission has non-referred its investigation into complaints of alleged anticompetitive conduct against Aspen Pharmacare Holdings Limited ("Aspen"), Mylan Laboratories Limited ("Mylan Laboratories"), Mylan South Africa Incorporated ("Mylan South Africa") and Mylan Incorporated ("Mylan Inc.").

 

On 12 September 2012, the Commission received a complaint from Medecins Sans Frontiers/Doctors Without Borders ("MSF") against Aspen, Mylan Inc. and its affiliates for entering into exclusive supply agreements regarding the introduction of fixed dose combination anti-retroviral products ("ARV-FDCs") in the South African public health sector. These are drugs used in the treatment of AIDS and/or HIV.

In 2008, Mylan Inc. appointed Aspen as the exclusive supplier in South Africa of an active pharmaceutical ingredient ("API") that is used to produce what are known as finished dose anti-retroviral products ("FDFs"). Aspen was also licensed by Mylan Inc. as an exclusive supplier in South Africa of FDFs. The parties agreed that Mylan Inc. and its affiliates would not directly or indirectly market or sell FDFs and the API to any other firms registered or incorporated in South Africa, besides Aspen.

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