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Assistance in administrative proceedings on unfair marketing

Saturday, 11 May 2019

Kosta Legal has successfully upheld the interests of its client, a foreign pharmaceutical conglomerate, in a dispute with the State Competition Committee over a case of unfair competition, where the use of prohibited marketing techniques was alleged.

Our role in the case was to elaborate an effective defence strategy, to prepare supporting documents and to present the case before the administrative tribunal of the Competition Committee. The case was complicated by the fact that that the dispute revolved around some medical studies, whose findings, confirming competitive advantage of client’s medicines in treatment effectiveness, were used in allegedly abusive marketing products. While preparing the defence strategy, it was necessary to us to do extensive research into medical aspects of the matter and to get advice from independent experts.

Our client was a British pharmaceutical company headquartered in London, being the world's sixth largest as of 2015, having offices in 115 countries and employing over 100,000 people around the world.