The Bangalore District Chemists & Druggists Association (BDCDA) has approached the Competition Commission of India bringing to its notice the Restrictive Trade Practices & Anti Competitive Conduct indulged in by the Karnataka Chemists and Druggists Association(KCDA). According to  BDCDA, KCDA is demanding No Objection Certificate (NOC) for supply of drugs to wholesalers. The move by KCDA is also a violation of the Para 28 of the Drugs Price Control Order (DPCO) 2013. The BDCDA comes under the umbrella of the KCDA.

In addition, the manufacturing and marketing companies which are the members of Indian Drug Manufacturers Association (IDMA), Organisation of Pharmaceutical Producers of India (OPPI) and Indian Pharmaceutical Association (IPA) also have to obtain NOC from KCDA. The companies have been asked to enter into an agreement with stockists to supply medicines which violates the norms of the wholesaler licences under the   Drugs & Cosmetics Act & Rules granted by the state drugs control department.

The Para 28 of DPCO 2013 clearly states that no manufacturer or distributor should withhold from sale or refuse to sell customers any drug without good and sufficient reasons.

In a letter to Justice (Retd) SN Dhingra, member, Competition Commission of India, via reference number BDCDA/1743/13 dated January 4, 2014, it stated that KCDA is indulging in practice of Restrictive Trade Practices & Anti Competitive Conducts, which are not followed by our members. In this regard it resisted the decisions of KCDA, V Hari Krishnan, president, BDCDA told Pharmabiz.

The letter to the Competition Commission of India has also highlighted that KCDA is an ordinary member of All India Organization of Chemists & Druggists (AIOCD).

BDCDA has a total membership of 3017 representatives from pharmacy trade who ensure easy accessibility to medicines for customers round-the-clock. Hence the Competition Commission of India should look into the issue and ensure exemption of NOC which is demanded by KCDA and members of OPPI, IDMA and IPA, said Krishnan.

Further BDCDA has requested Justice Dhingra to issue necessary circulars to the manufacturing and marketing companies coming under the banner  of IDMA, OPPI & IPA. Besides it has also sought for clarification from CP Singh, chairman, NPPA, Dr GN Singh, DCGI & Raghurama Bhandary, Karnataka Drugs Controller on whether a NOC is required from KCDA. It has also sought instruction on whether it should enter into an agreement with the pharma companies for the supply of drugs, he said.