| Case Number | AD/02NH |
| Application Date | 31 January 2019 |
| Applicant | Hong Kong Association of the Pharmaceutical Industry |
| Relevant Documents |
Application for a Decision Notice of the Application Form AD (non-confidential version) Commission Decision Press release: Competition Commission publishes Decision in relation to a proposed pharmaceutical sales survey Commission Decision under section 11(1) of the Competition Ordinance Statement of Reasons (non-confidential version) |
| Summary of the Application | For the summary of the Application provided by the Applicants, please refer to paragraphs 1.3(3) to 1.3(6) of the Form AD (non-confidential version) |
| Current Status |
On 31 January 2019, the Applicant submitted an application for a decision under section 9 of the Competition Ordinance in relation to a proposed pharmaceutical sales survey (“Proposed Survey”). The Applicant sought a decision confirming that the first conduct rule under section 6 of the Ordinance does not apply to the giving effect of the Proposed Survey by the Applicant by virtue of the exclusion in section 1 (Agreements enhancing overall economic efficiency) of Schedule 1 to the Ordinance. In accordance with the procedure established in section 10 of the Competition Ordinance, the Commission published a notice of the application on 1 February 2019 and requested interested parties to submit representations on the application to it. Having considered the Application, as well as the representations and submissions about the Application that were made to it, the Commission has made the decision that the Proposed Survey is not excluded from the application of the first conduct rule by or as a result of section 1 (Agreements enhancing overall economic efficiency) of Schedule 1 to the Ordinance. |
| Representations received |
R1 - A.S. Watson Retail (HK) Limited dated 22.02.2019 (with redactions for confidentiality) R2 - Reckitt Benckiser Hong Kong Limited dated 19.03.2019 R3 - Consumer Council dated 25.03.2019 R4 - The Pharmaceutical Distributors Association of Hong Kong dated 26.03.2019 R5 - Anonymous dated 28.03.2019 R6 - IQVIA dated 30.04.2019 R7 - The Society of Hospital Pharmacists of Hong Kong dated 10.05.2019 |