The Monopolies and Restrictive Trade Practices Commission (MRTPC) has issued notices to three Mumbai-based pharma companies--Alkem Laboratories, Aventis Pharma and Franco Indian Pharmaceuticals--for violating its interim order of 2005 against discontinuation of supply of medicines to the members of Tamil Nadu Pharmaceutical Distributors Association (TNPDA).
Acting on a contempt of court petition from TNPDA, an affiliate to the newly formed All India Chemists and Distributors Federation (AICDF), the Commission issued notices to the top management and distribution heads of these three pharma companies asking them to clarify their part of the argument on the matter.
According to sources, the Commission has also issued notices to the office-bearers of All India Organisation of Chemists and Druggists (AIOCD) and its affiliate Tamil Nadu Chemists and Druggists Association (TNCDA) along with the three pharma companies. MRTPC has sought the presence of the representatives of each defendant in the case in the next hearing on April 28, 2008.
The petition was filed against the companies in the beginning of January for denial of drug supply to TNPDA members. The association pointed out that the suspension of supply to its members is against the interim order of MRTPC, issued in 2005, in its case against All India Organisation for Chemists and Druggists (AIOCD), Tamil Nadu Chemists and Druggists Association (TNCDA), various pharmaceutical manufacturers' associations and three other drug companies.
In the interim order of September 2, 2005, the Commission had directed the pharmaceutical manufacturers associations not to act on instructions of TNCDA and AIOCD to stop supply of pharmaceutical products to the members of TNPDA. TNPDA, in its initial petition, alleged that AIOCD and its affiliates are pressurising the companies to deny supply to its members.
"The Commission has issued notice to these companies and the traders' groups in alliance with them for ceasing pharma supply to our members. This clearly shows that our complaint has some grounds," said Narendra Jain, national convener, AICDF. He added that the association will pursue legal options in similar issues all over the country, soon.
The main petition, filed in 2005 by TNPDA against TNCDA, AIOCD, Indian Drug Manufacturers Association (IDMA), the Pharmaceuticals & Allied Manufacturers & Distributors Association Ltd (PAMDAL), and three pharmaceutical companies - Merck (India) Ltd, Aventis Pharmaceuticals Ltd and Tablets India Ltd - is also under consideration of the Commission.