The Federal Economic Competition Commission (Cofece) has sued the companies Casa Marzam, Casa Saba, Fármacos Nacionales, and the Association of Distributors of Pharmaceutical Products of the Mexican Republic for practices that restricted the sale and distribution of medications for a decade, generating millions in profits. According to Cofece, these organizations agreed not to distribute medications on certain days, restrict the amount of medications supplied to pharmacies, manipulate sales prices, and limit discounts to pharmacies.
This pact between the companies resulted in a decrease in the availability of medications and an increase in prices across the country, with a calculated loss of two billion pesos. Cofece imposed fines of 903.4 million pesos on several companies and 21 individuals in 2021, the maximum penalty allowed by law at that time. Now, the Commission requires the companies to pay two billion 316 million pesos to compensate for the damages caused.
In this legal action, Cofece assumes all costs and has requested that the funds obtained from the compensation be allocated to IMSS-Bienestar, the institution most harmed by these practices considered monopolistic. The Commission emphasizes the importance of using the resources to address the health of Mexicans, especially the most disadvantaged, who allocate a significant percentage of their income to medications and are more affected by overpricing.
This is the first collective action undertaken by Cofece, which aims to ensure that those harmed by anti-competitive behavior receive fair compensation. The infringing companies are responsible for repairing the damage caused, while the Commission acts as a representative of the affected community, assuming all costs associated with the judicial process. Additionally, 10 executives involved in the anti-competitive agreements have been disqualified.
