Tbilisi (GBC) - The Georgian Competition and Consumer Agency (GCCA) has completed an investigation into the pharmaceutical sector, launched in December 2023 following a referral from the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia. The case concerned the imposition of excessive mark-ups on certain medicines, from the point of import to final retail pricing.

Based on its market analysis, the Agency identified eight companies that held a dominant position (market share exceeding 40%) in relation to 14 specific medicines. The investigation focused on the following companies: Global CBS LLC, Concept Pharma LLC, Bardi LLC, Nuvea Pharmaceuticals LLC, Rich Group LLC, Crocus Pharma LLC, Gea LLC, and BIH LLC.

The investigation focused on whether price mark-ups ranging from 300% to 3,000% resulted from anti-competitive conduct by these dominant entities.

The GCCA found that four of the companies abused their market dominance by imposing unfairly high prices on seven medicines. Unfair pricing was determined based on profit margins exceeding 30%, combined with additional mark-ups surpassing 20%, which were deemed unjustified. As a result, the four companies were fined a total of GEL 559,358, with individual fines calculated at up to 5% of each company’s 2024 annual turnover, proportionate to the harm caused.

- Global CBS LLC

- Oflab-Oz, Hyzine, Ioril -10 – Fine 249 144 GEL

- Concept Pharma LLC – Floxazol - Fine 21 646 GEL

- Rich Group LLC – Zinasen- Fine 77 936 GEL

- Gea LLC - Biseptol 120 ml - Biseptol 480 ml - Fine 210 632 GEL

The investigation revealed that the pricing structures for some of the medicines included costs unrelated to standard price formation, suggesting potential price inflation. These costs included: Expensive gifts (including gold jewelry); Entertainment at cultural and theater events; Informal stakeholder meetings; Conference and luxury hotel expenses in Georgia and Europe; Cosmetic and dental services; Legal sanctions and fines; Maintenance of luxury-class vehicles, among others.

As part of the enforcement outcome, the GCCA issued a mandatory recommendation to dominant undertakings. They are expected to develop internal pricing policies that proactively prevent anti-competitive conduct, in line with the Agency’s guidelines. Prices must not be unfairly high, either in absolute terms or relative to alternative products or services. In cases where the GCCA identifies reasonable grounds for suspicion, a formal investigation may be initiated.

The Agency also noted that the period under review preceded the implementation of Georgia’s reference pricing mechanism. Since its introduction, this mechanism has significantly reduced the possibility of inflated medicine mark-ups.