The CNMC, the Spanish Competition Authority, has initiated proceedings against Pfizer for a potential anticompetitive conduct derived from the supply contracts. The referred company signed the contracts with several wholesale distributors. Such supply contracts are deemed to impede effective parallel commerce within the European Union.
In 2005, Spain Pharma filed a claim against Pfizer and Cofares in front of the Competition Authority. The CNC (nowadays, CNMC) decided to file the claim, as it found no evidence to ground the antitrust infringement. However, the Supreme Court, in its ruling of 3 Decembre 2014, declared that the conduct did was apt to restraint the parallel commerce within the European Union.
Consequently, the CNMC has initiated a 18-month period, within which it will conduct the investigations and issue its decision.