Decision on objection against fine on Leadiant for excessive price of prescription drug CDCA
On 1 July 2021, the Netherlands Authority for Consumers and Markets (ACM) imposed a fine on Leadiant for charging an excessive price for its prescription drug CDCA-Leadiant, thereby abusing its dominant position from June 2017 through December 2019. Leadiant filed objections against the decision. On 22 June, 2023, ACM took a decision on objection. In the decision on objection, ACM declares Leadiant’s objections partially founded. ACM concludes that the compounded product of the Amsterdam University Medical Centers (Amsterdam UMC), as it was sold for approximately four months in 2018, must be considered belonging to the relevant product market. Consequently, ACM concludes that Leadiant was not dominant and therefore did not violate the prohibition of abuse of dominance during that period. The shorter infringement period leads ACM to lower the fine from EUR 19,569,500 to EUR 17,044,000. In all other respects, ACM upholds the decision of 1 July, 2021, with a supplement to its reasoning.
The decision on objection is open to appeal with the District Court of Rotterdam.